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Neutral Citation No. - 2025:AHC:50309-DB Court No. - 29 Case :- WRIT - C No. - 38618 of 2024 Petitioner :- Vinay Verma Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Bhuvnesh Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Heard learned counsel for the petitioner and learned State Counsel for the State-respondents. According to the petitioner, without any acquisition or petitioner's consent, the authorities of the State have encroached upon the petitioner's land of Plot No.93 for construction of road. Taking cognizance of such grievance, we invited instructions from the respondents in the matter. The written instructions have been received from Executive Engineer, which are taken on record. Its copy is also furnished to the learned counsel for the petitioners. As per instructions, road exists on Khasra No.77 and there is no encroachment over the petitioner's land. From nature of grievance raised before this Court, it transpires that there is an issue with regard to identity and demarcation of the petitioner's land vis-a-vis the land recorded in the revenue records for road. Therefore, we are of the view that such factual issue can be resolved by the officials of revenue department of the State. In that view of the matter, we direct the District Magistrate, Bijnor to constitute a revenue team which would visit the spot and identify Plot No.77 vis-a-vis Plot No.93 of which the petitioner is tenure hold. Such inspection and demarcation will be conducted after notice to the petitioner who would be allowed to remain present at the time of inspection. In case it is found that any of the land of the petitioner has been encroached upon for construction of road, the authorities shall pass appropriate orders to compensate him in terms of Government Order dated 16.05.2017 or restore the land to the petitioner. However, if it is found that construction of the road is not on the petitioner's land, a specific order in that regard would be passed. Such action shall be taken within a period
of six weeks from the date of presentation of copy of this order before the District Magistrate, Bijnor who will also depute local police personnel to remain present at the time of such inspection. If any person still feels aggrieved, his remedy would be before the competent civil court. Accordingly, the present writ petition is disposed of.
Order Date :- 8.4.2025 rkg Digitally signed by :- RAKESH KUMAR GAUTAM High Court of Judicature at Allahabad