Neutral Citation No. - 2025:AHC:23064-DB Court No. - 21 Case :- WRIT - C No. - 38343 of 2024 Petitioner :- Ram Chandra Maurya And Another Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Shyam Surat Shukla Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The instant petition has been filed praying for a writ of mandamus commanding the respondents to handover possession of the land of the petitioners allegedly utilized by them for widening of a chak road to a pakka road or in the alternative consider the representations for payment of compensation therefor to the petitioners. 2. The case of the petitioners is that they are recorded tenure holders of Plot nos.45, 100Mi. and 103, Village- Majhauwa (Unval), Tehsil- Khajani, District- Gorakhpur. Adjacent to their aforesaid plots, is chak marg. It has been widened from two meters to seven meters and in the process, the land of the petitioners has been occupied. The petitioners are entitled to their land being restituted in their favour or in the alternative they should be paid compensation. 3. The Executive Engineer, Provincial Division, PWD, Gorakhpur has submitted written submissions dated 22.01.2025. According to it, some part of the land of the petitioners of Plot no.45 (area 0.0053 hectare) was getting affected. The road was constructed leaving the land of the petitioners in the same position. An inspection report has also been annexed in which it is stated that, although, land of Gata no.45 was getting affected but on objection of petitioners, it has been left out. 4. Learned counsel for the petitioners categorically denies the case set-up by the respondents. He submits that the respondents have already constructed road occupying some part of the land of the petitioners. 5. We are of the opinion that the aforesaid factual dispute should be decided by the District Level Committee in terms of Government Order dated 12.05.2016. 6. Accordingly, without expressing any opinion on merits, we dispose of the instant petition with liberty to the petitioners to make fresh application before respondent no.4 alongwith true attested copy of the instant order and in which event, respondent no.4 shall transmit the same to the District Level Committee for being decided in accordance with Government Order dated 12.05.2016 within next twelve weeks after proper survey in presence of the petitioners or their representatives. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 18.2.2025 Ankit. Digitally signed by :- ANKIT VISHWAKARMA High Court of Judicature at Allahabad