Neutral Citation No. - 2025:AHC:11786-DB Court No. - 29 Case :- WRIT - C No. - 40511 of 2024 Petitioner :- Iqbal Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Sanjay Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Petitioner is aggrieved by action of respondents in requiring the unauthorized occupant of plot no.47 to be removed on the ground that such land belongs to respondent no.4. Petitioner's contention in the earlier petition was that he is the owner in occupant over the portion of plot no.357 and that on account of incorrect description/identification of the property impugned notice has been wrongly issued to him. The writ petition was disposed of vide following orders passed on 5.8.2024:- "1. Heard learned counsels appearing for the parties. 2. In this writ petition, the writ petitioner challenges the public notice dated 29.06.2024 pasted at the premises of the petitioner declaring him an illegal occupant of the premises and asking him to appear before Respondent No. 4. 3. Learned counsel appearing for the petitioner submits that documents in relation to the title of the property has been submitted before the relevant authority but till date decision has not been taken by the relevant authority. 4. In light of the same, the authority concerned is directed to grant an opportunity of hearing to the petitioner, consider the documents submitted by the petitioner and thereafter pass a reasoned order on the same within a period of ten weeks from date. 5. With the above direction, this writ petition is disposed of." It is thereafter that the order impugned has been passed holding that upon actual demarcation of plot petitioner's occupation is found over plot no.47 which is government rural industrial land at Loni, Ghaziabad. This communication is assailed in the present writ petition on the ground that petitioner has purchased the property admeasuring 150.49 square meters from one Smt. Shahjaha Begum by a registered sale deed. It is, however, admitted that Smt. Shahjaha Begum is not recorded over plot no.357. The recorded tenure holder of plot no.357 is Premlata. It is alleged that there is a power of attorney in favour of Smt. Shahjaha Begum on the basis of which sale deed has been executed. From the materials placed on record it transpires that the right of the petitioner over the plot would require a careful evaluation of evidence before any relief could be granted to the petitioner. Whether the sale deed is valid or has been executed by a person competent is also an aspect which can be better appreciated in proceedings instituted for necessary declaration and injunction before the competent civil court. In that view of the matter and for the reasons recorded above, we decline to interfere in the present writ petition with liberty to the petitioner to seek appropriate remedy before the competent forum. Writ petition is, accordingly, dismissed. Order Date :- 23.1.2025 RA Digitally signed by :- RAZIQ ALI High Court of Judicature at Allahabad