Neutral Citation No. - 2025:AHC:32698-DB Court No. - 29 Case :- WRIT - C No. - 39610 of 2024 Petitioner :- Gaurav Singh Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Rakesh Kumar Rathore,Sanjeev Kumar Counsel for Respondent :- Avinash Chandra Srivastava,C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Following orders were passed in the matter on 20.2.2025:- "It is alleged that petitioner is the recorded tenure holder of Khata No.0087, area 1.254 hectare, Village Ghitoli, Tehsil and District Mainpuri on which road is being constructed by the village Pradhan without acquisition of land or consent of the petitioner. Learned counsel for the respondents pray for and are allowed one week time to obtain instructions. Post as fresh once again on 6.3.2025." Instructions have been received by the learned Standing Counsel from the Additional District Magistrate, Mainpuri, which is taken on record. Its copy has also been given to counsel for the petitioner. As per instructions, name of petitioner's father was recorded over Plot No. 628 to the extent of 1.254 hectare land; whereas the total area of Plot No. 628 was 1.299 hectare. According to respondents, remaining 0.0450 hectare land was recorded as Banjar but was not incorporated in the Khatauni. It is stated that on this remaining land an old passage existed since before and that no fresh construction of any passage is being undertaken. From the instructions of the respondents, we find that there are issues of demarcation. It is stated that on the existing passage a road is now proposed. From the materials placed on record, we find that there is a dispute with regard to identity and demarcation of the plot allotted to petitioner's father. This issue can be resolved by the revenue authorities. In such circumstances, we direct the Sub Divisional Magistrate concerned to constitute a revenue team and get the petitioner's land demarcated on the spot. Such demarcation exercise would be undertaken after notice to the petitioner within a period of four weeks. The authorities shall ensure that no encroachment is made if the land specifically fall in the petitioner's share. In the event it is found that any of the petitioner's land is also required for construction of road, the authorities will ensure that either such land is taken on the basis of consent or on payment of compensation or by way of acquisition. It shall however be open for the authorities to utilize the land which is otherwise owned by the State based upon such demarcation exercise. The writ petition, accordingly, is disposed of. Order Date :- 6.3.2025 Ranjeet Sahu Digitally signed by :- RANJEET SAHU High Court of Judicature at Allahabad