Neutral Citation No. - 2025:AHC:27287-DB Court No. - 29 Case :- WRIT - C No. - 39659 of 2024 Petitioner :- Shakila Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Rishikesh Tripathi Counsel for Respondent :- Achal Singh,C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Heard Shri Rishikesh Tripathi, learned counsel for the petitioner and Shri Achal Singh, learned counsel for the Goan Sabha. Petitioner is aggrieved by a notice issued by the Irrigation Department according to which petitioner is in unauthorized occupation over land on which there exists a drain. A direction has been issued to remove such unauthorized encroachment failing which the authorities will remove such construction. The petitioner has already filed a representation in response to the notice stating that he is in possession over his own land and there is no encroachment. The issue as to whether petitioner is in possession over the drain or is in possession over his own land is a factual issue which can be examined by the competent revenue authorities, at the first instance. In such circumstances, we direct the Sub-Divisional Magistrate of the area concerned to constitute a revenue team who would get the plots demarcated on the spot after notice to the parties within a period of four weeks from today. Based upon such inspection carried out by the revenue authorities it shall be open for the executive engineer concerned to pass appropriate orders in accordance with law. Present writ petition accordingly stands disposed of. It is made clear that till the issue is resolved in terms of the above direction, status quo shall be maintained on the spot. Order Date :- 27.2.2025 A Gautam Digitally signed by :- ADITYA GAUTAM High Court of Judicature at Allahabad