Neutral Citation No. - 2025:AHC-LKO:3418-DB Court No. - 2 Case :- WRIT - C No. - 545 of 2025 Petitioner :- Ramu Sharma Respondent :- State Of U.P. Thru. Addl. Chief Secy. Revenue Lko. And 5 Others Counsel for Petitioner :- Dinesh Kumar Mishra,Julfikar Ahmad Counsel for Respondent :- C.S.C.,Namit Sharma Hon'ble Rajan Roy,J. Hon'ble Manish Kumar,J. Heard. The allegation in the writ petition is that a notice for demolition had been given to the petitioner on 20.11.2024. It is said that on 15.01.2025, some written assurance was taken from the petitioner that he shall remove the structures existing on the land in question. The contention of the petitioner is that he had purchased the land in question by a sale deed dated 26.04.2023. The case of the opposite parties as is borne out from the impugned order/notice is that there is encroachment by the petitioner on Gata No. 243 which is recorded as banjar land. However, it does not indicate about any demarcation exercise having been undertaken prior to issuance of such notice. Mr. Namit Sharma says that demarcation exercise has already been undertaken as a consequence of which it was found that 500 meters of aforesaid gata has been encroached by the petitioner. Be that as it may, if the demarcation has taken place in presence of petitioner or he did not participate in it even after notice to do so, then, based thereon a notice can be given to the petitioner in terms of the judgment dated 13.11.2024 passed by Hon'ble the Supreme Court in Writ Petition (Civil) No. 295 of 2022 (In Re: Directions in the matter of demolition of structure) and further proceedings for demolition be undertaken in accordance with the said judgment, as, it does not satisfy the requirements of the said judgment, however, if such demarcation has not taken place in his presence or after notice to him, then, it will have to be considered accordingly and thereafter a decision shall be taken as aforesaid. At this stage, learned Counsel for the petitioner says that after such demarcation if it is found that the banjar land has been encroached for any reason, then he shall not put forth any resistance and shall remove his belonging/structure, as per law. The writ petition is disposed of in the aforesaid terms. Order Date :- 20.1.2025 Lokesh Kumar [Manish Kumar, J.] [Rajan Roy, J.] Digitally signed by :- LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench