Neutral Citation No. - 2025:AHC:129988-DB Court No. - 21 Case :- WRIT - C No. - 25493 of 2025 Petitioner :- Mohammad Shamim Khan And 3 Others Respondent :- The State Of U.P. And 5 Others Counsel for Petitioner :- Vidya Sagar Counsel for Respondent :- Azad Rai,C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard counsel for the parties. 2. The following prayers have been made in the writ petition: - "a) A writ, order or direction in the nature of Mandamus commanding the Respondent Nos. 1 to 5 and also the Gram Pradhan/ Respondent No.6 to comply with orders passed by this Hon'ble Court dated 21.08.2024 in Public Interest Litigation No. 1569 of 2024, Amit Kumar Dubey Vs. State of U.P. And Others (Annexure No.1 to this writ petition) and also comply with Injunction/Stay Order dated 29.09.2023 passed by learned Additional Civil Judge (Junior Division), Court No.6, Prayagraj in. Suit No. 3466 of 2023, Mohd. Shamim And Others Vs. Prem Shankar Dubey And Others. (Annexure No.5 to this writ petition), which has legal sustainability till date. b) A writ, order or direction in the nature of Mandamus commanding the Respondent State Revenue Authorities to construct the Chak Margs in Gata No. 56 and another in Gata No. 60 at its original place and as demarcated on 08.12.2024, finally endorsed by Respondent No.3/Sub-Divisional Magistrate Koraon, Prayagraj on 12.12.2024 (Annexure No.2 to this writ petition), while complying with the Injunction Order dated 29.09.2023 passed by learned Additional Civil Judge (Junior Division), Court No.6, Prayagraj. c) a writ, order or direction in the nature of Mandamus to comply with the Injunction Order/ Stay Order/Restrain Order dated 29.09.2023 passed by Learned Court of Additional Civil Judge (Junior Division), Court No.6, Prayagraj in Suit No. 3466 of 2023, Mohd. Shamim And Others Vs. Prem Shankar Dubey And Others (Annexure No.5 to this writ petition)." 3. It appears that the petitioners have instituted O.S. No. 3644 of 2023 against Prem Shanker Dubey and Kailash Singh, alleging that they are encroaching upon the bhumidhari land of the petitioners. In the said civil suit, an ex parte ad interim injunction was passed in favour of the petitioners on 29.9.2023. The defendants of the suit are not party in the instant petition. Moreover, in case there is violation of injunction order, the remedy of the petitioners is by way of application under Order 39 Rule 2A, CPC and we decline to act as executing court for executing the orders passed by civil court. 4. The second prayer for getting order passed in PIL No. 1569 of 2024 (Amit Kumar Dubey vs. State of U.P. and Others) dated 21.8.2024, implemented by issuing direction to the State respondents, also appears to be wholly misconceived. The said PIL filed by one Amit Kumar Dubey was disposed of with liberty to the petitioners of the said case to initiate proceedings under Section 26 of the U.P. Revenue Code, 2006. 5. Learned counsel for the petitioners has invited our attention towards a communication dated 12.12.2024 by Sub Divisional Magistrate, Koraon, Prayagraj, addressed to Block Development Officer, Manda, Prayagraj. Therein, there is a reference to the order passed in PIL and that a demarcation exercise was held on the spot and after placing identification marks, the Village Pradhan was directed to carry out earth work on the chak marg. The said communication does not indicate that there was any obstruction or any particular individual who may be obstructing the public path, was directed to be evicted. In fact, there is no material on record to show that any proper proceeding was instituted under Section 26 of the Act. 6. The petition is accordingly dismissed with liberty to the petitioners to avail such other remedy as may be advised. (R.M.N. Mishra, J.) (Manoj Kumar Gupta, J.) Order Date :- 4.8.2025/Jaideep/- Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad