Neutral Citation No. - 2025:AHC-LKO:23521-DB Court No. - 2 Case :- WRIT - C No. - 5695 of 2024 Petitioner :- Waqf Masjid Nadarganj , Lko. Thru. Its Mutawalli Sri Sharafat Ali Siddiqui Respondent :- National Highway Authority Of India (Piu) Thru. Its Project Director , Lko. And Others Counsel for Petitioner :- Nirmit Srivastava,Aakchad Nath,Pritish Kumar Counsel for Respondent :- Sarvesh Kumar Dubey,C.S.C.,Ratnesh Chandra Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. 1. Vakalatnama filed on behalf of opposite party no.3 by Ms. Pushpila Bisht, Advocate, and short counter affidavit filed on behalf of opposite party no.5 today are taken on record. 2. Heard Shri Pritish Kumar, learned Counsel for the petitioner, Shri Sarvesh Kumar Dubey for opposite parties no. 1 and 2, Ms. Pushpila Bisht for opposite party no.3, Ms. Akshita Yadav, holding brief of Shri Ratnesh Chandra for opposite party no.4 and Shri Raj Baksh Singh, learned Additional Chief Standing Counsel for opposite party no.5. 3. After hearing the parties, what comes out is that Gata No. 781 (old Gata No.19) has not been acquired by the National Highway Authority of India (hereinafter referred to as 'NHAI') nor does the NHAI propose to utilize it. 4. As the petitioner claims that the Masjid is situated on Gata No. 780 (Old Gata No. 18) and 781 (old Gata No. 19) both, therefore, so far as Gata No. 781 is concerned, the revenue authority should get its boundaries demarcated and the said gata shall not be interfered by opposite parties. We, however, make it clear that our order will not be understood as conferring any right or interest in the petition in respect of the said gata. If any dispute is pending in respect of the said gata in any Court, that can be proceeded uninfluenced and without being prejudice by our order. 5. The demarcation of Gata No. 781 shall be got done within six weeks by the NHAI in co-operation with the revenue authorities in the presence of the petitioner if he co-operates and no part of it shall be encroached or utilized by the opposite parties in pursuance of the acquisition notifications. 6. Till the aforesaid demarcation exercise pertaining to Gata No. 781 is completed, if the Masjid exists on Gata No. 781, it shall not be demolished, however, if, ultimately, it is found that the Masjid does not exist on Gata No. 781 but exist on any other gata, which has been acquired, it shall be open for the opposite parties to proceed in the matter as per law. 7. Now, the dispute remains with regard to Gata No. 780, Shri Pritish Kumar, learned Counsel for the petitioner has fairly submitted that Masjid does not exist on the said gata, but the land forming part of the said gata is owned by the waqf, which claims the Masjid also. This land was acquired by NHAI vide Notification dated 15.05.2020 and 31.12.2020. The records filed by the petitioner do not indicate any Masjid or Waqf having been recorded in respect of Gata No. 780 (old Gata No. 18). The latest khatauni produced by Shri Sarvesh Kumar Dubey appearing for NHAI today also does not contain any entry in favour of the petitioner in respect of the said gata, therefore, we are unable to interfere in the matter at the behest of the petitioner so far as Gata No. 780 (old Gata No.18) is concerned, but leave it open for the petitioner to pursue other remedies, if any. 8. The writ petition is disposed of. . (Om Prakash Shukla, J.) (Rajan Roy, J.) Order Date :- 24.4.2025 Ajit Digitally signed by :- AJIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench