Neutral Citation No. - 2025:AHC:23597-DB Court No. - 21 Case :- WRIT - C No. - 43602 of 2024 Petitioner :- Uma Shankar Chaudhary Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Jitendra Rpasad Kushwaha,Ram Pravesh Yadav,Vijay Shankar Yadaw 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 direction to respondent no. 4 to pay compensation to the petitioner for illegal use of his bhumidhari land. 2. The case of the petitioner is that he is bhumidhar of Arazi Nos. 182-kha and 183 and over which, a dam has been constructed, without acquisition and payment of compensation. 3. Counsel for the petitioner places reliance on an inspection report by Lekhpal dated 9.4.2024 in support of his submission. 4. Learned Standing Counsel has placed on record the written instructions received from Executive Engineer, Flood Division, Ballia according to which, the dam was constructed in the year 1978. During construction of the dam, the village came under consolidation operations. The dam was constructed over bachat land and the holding of the ancestors of the petitioner through whom the petitioner is claiming right, was not affected. The dam was constructed over Plot No. 185, area 0.1520 hectare. Reliance has also been placed on a recent demarcation held on 27.1.2025, in which also it transpired that the land of the petitioner was not affected. 5. The petitioner has earlier approached this Court by filing Writ Petition No. 5388 of 2024 with the same grievance and it was disposed of with liberty to the petitioner to approach the revenue authorities for demarcation of his holding. 6. The demarcation exercise is held under Section 24 of the U.P. Revenue Code, 2006. A procedure is prescribed for availing the said remedy. However, the petitioner did not avail the said remedy and instead filed an application before District Magistrate for measurement/spot inspection. It appears that in the spot inspection, it transpired that the land of the petitioner has not got affected by the construction of the dam. 7. Indisputably, the dam was constructed more than forty five years back and consolidation has been held in the village. 8. In the aforesaid facts and circumstances, we are not inclined to adjudicate on the factual dispute sought to be raised by the petitioner under Article 226 of the Constitution. 9. The petition is disposed of with liberty to the petitioner to avail such other remedy as may be advised. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 19.2.2025 Jaideep/- Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad