HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 39749 of 2026 Court No. - 2 HON'BLE J.J. MUNIR, J. HON'BLE INDRAJEET SHUKLA, J. 1. Heard learned Counsel for the petitioner and Mr. Pradeep Singh, learned Standing Counsel on behalf of the State respondents. 2. The case of the petitioner is that she has purchased land in Tehsil- Sagari, District- Azamgarh through a registered sale deed dated 22.03.2026 bearing document number 2285 of 2026 from Dilip and Anita Devi. The case is that now respondent nos. 7 to 10 have encroached upon the said land and, in order to remove the said encroachment, the petitioner want us to issue a mandamus to respondent nos. 1 to 6, who are Authorities of the State and the Chairman of the Nagar Panchayat, Azmatgarh, Jiyanpur, Azamgarh, to cause the said encroachment by the private respondents to be removed and possession delivered to the petitioner. 3. Most of the State respondents are Executive Officers like the Commissioner of the Division, the District Magistrate of the district and the Sub- Divisional Magistrate of the Tehsil, besides the Senior Superintendent of Police. They are all Executive Officers and none of them, by virtue of the office they hold, are capable of deciding a lis Versus Counsel for Petitioner(s) : Daya Shankar Counsel for Respondent(s) : C.S.C. Anju Gupta .....Petitioner(s) State Of U.P. And 11 Others .....Respondent(s) between the two private parties relating to possession of land. 4. It may be true that respondent nos. 7 to 10 may have a good defense in law to resist their dispossession or they might have a superficial defense, but that does not entitle the petitioner to move an Executive Officer to remove persons in settled possession of land alleging encroachment by them. 5. Any person, in settled possession of land, can be removed through a suit brought before a Court of competent civil jurisdiction within whose territorial jurisdiction the property is located. There is absolutely no element of a public law dispute involved that may entitle us to issue a writ to the said respondents to act in the matter. 6. It would be open to the petitioner to bring an action seeking dispossession of the private respondents, whom, she says, are encroachers on her land. 7. Subject to the above remarks, this petition is dismissed. 8. Let this order be communicated to the Commissioner, Azamgarh Mandal, Azamgarh, the District Magistrate, Azamgarh, the Sub- Divisional Magistrate, Tehsil- Sagari, District- Azamgarh and the Senior Superintendent of Police, Azamgarh through the learned Chief Judicial Magistrate, Azamgarh by the Registrar (Compliance). September 30, 2026 Prashant D. WRIC No. 39749 of 2026 2 (Indrajeet Shukla,J.) (J.J. Munir,J.) Digitally signed by :- PRASHANT DWIVEDI High Court of Judicature at Allahabad