HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 21382 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard learned counsel for the petitioners and learned Standing Counsel for the respondents. 2. The petitioners by means of the present writ petition have prayed for the following relief:- "a. to issue a writ, order or direction in the nature of mandamus directing and commanding the respondent no.2 District Magistrate/The Collector, Varanasi to remove the illegal encroachment of Police of Police Chauki Harahuwa, District Varanasi over the petitioners plots no.57 & 62 and chak road as Plot no. 61 of Village Manshapur (Harahawa) Pargana Athagava Tehsil Pindra, Varanasi forthwith. b. to issue a writ order or direction in the nature of mandamus directing the respondent no.2 District Magistrate/The Collector, Varanasi to recovered the cost of used of petitioners plots by the police of Police Chauki Harahuwa, Varanasi from the respondent no.3 to 6 as a land revenue. c. to issue a writ, order or direction in the nature of mandamus which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case. d. to award the cost of the petition in favour of the petitioners." 3. The grievance of the petitioners is that there is a Police Chauki Harahuwa Versus Counsel for Petitioner(s) : A.K. Maurya I Counsel for Respondent(s) : C.S.C. Manoj Kumar Jaiswal And 3 Others .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s) in District Varanasi which is about 40 meters from the plots of the petitioners, and the police after seizing the vehicles, parked the same on the plots of the petitioners, which is causing nuisance to the petitioners. 4. Sri V.K. Dixit, learned Additional Chief Standing Counsel on instructions, which is taken on record, states that some private dispute is going on between the parties. Para-9 of the instructions is reproduced herein-below:- " इस प्रस्तर में विणत कथन असत्य है सत्य यह है िक याचीकतार्गण द्वारा गलत आधार पर िदनांक 26.10 2024 को एस.एच.ओ बड़ागांव जनपद वाराणसी को प्राथर्ना पत्र िदया गया जबिक तहसील व लेखपाल की आख्या के अनुसार सम्बिन्धत चकरोड पर कोई अितकमण नहीं िकया गया है तथा आराजी नं0 57 व 62 जो याचीकतार्गण व अिनता आिद की संक्रमणीय भूिम है के बीच कब्जे का िववाद चल रहा। " 5. It has specifically come on record that there is no encroachment by the respondents authority over the plots of the petitioners. If the police is parking the seized vehicles on the plot of the petitioners, it is expected from the respondents authority that they should not park the seized vehicles on the plots of the petitioners. If it is found and established that the vehicles seized by the police are being parked on the plots of the petitioners, they may be liable for contempt of Court for not complying with the observations made above and not adhering to the Rule of Law. 6. Accordingly, the writ petition is disposed off subject to the observations made above. September 23, 2025 NS WRIC No. 21382 of 2025 2 (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) Digitally signed by :- NITIN KUMAR High Court of Judicature at Allahabad