HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8870 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. This petition has been filed with the following prayers :- "(i)Issue a writ, order or direction in the nature of Mandamus commanding/ directing the opposite parties not to create any hindrance in installing tin shed over the remaining portion of the shop of the petitioner situated in Village Mausamshabad, Rajjanpur, Post Devtaha, Devataha, District Gonda. (ii)Issue a writ, order or direction in the nature of Mandamus commanding/ directing the opposite parties not to interfere in peaceful possession of the petitioner over his shop in question till proper demarcation is made by the competent authority." It is the case of the petitioner that he was given the permission by the respondents to run a shop at Farenda – Jarwal Road, State Highway situated at village - Mau Samtabad, nearby Gata No.27 Gandhi Chabutara and such conditional permission was given on 29.01.2021 has been filed as Annexure No.2 to the petition. The petitioner purchased certain land behind the shop out of Gata No.27 and gave money to the owner of the land but the brother of the petitioner Rahul purchased the said land in his name. After coming to notice fraudulent activities of is own brother Rahul he confronted his brother and thereafter filed a suit for cancellation of sale deed. His brother entered into the compromise and civil suit was withdrawn. After withdrawal of the civil suit brother of the petitioner executed a gift deed in favour of his wife Smt. Mandakini Devi who filed Writ C No.6780/2025 alleging that at least two notices were issued to the petitioner for removal of encroachment and encroachment was not removed. The Court has disposed of the writ petition on 17.7.2025 directing the Assistant Engineer the opposite party no.4 to take action under the Act, i.e., U.P. Roadside Land Control Act, 1945 in pursuance of the notices already issued by him. It is in pursuance of such orders the impugned notice has been issued to the petitioner on 12.8.2025. The petitioner has again approached to the competent civil court and filed a suit cancellation of gift deed/ sale deed made by his brother Rahul his brother Versus Counsel for Petitioner(s) : Neeraj Kumar Mishra, Rajesh Kumar Shukla Counsel for Respondent(s) : C.S.C. Sanjay .....Petitioner(s) State Of U.P. Thru. Its Prin. Secy. P.W.D. Deptt. Lko. And 5 Others .....Respondent(s) in favour of his wife Smt. Mandakini Devi which is pending in the Court of Civil Judge. It has been submitted that the shop of the petitioner has been running after the permission has been granted by the authority concerned and the Assistant Engineer in his earlier notices dated 16.4.2025 and 09.5.2025 mentioned that the petitioner has raised illegal construction. The petitioner has removed such allegedly illegal construction and his shop is now standing only on land of Gata no.27 which he has purchased. The learned Standing Counsel has produced before this Court instructions sent by the Executive Engineer, National Highway Division, PWD wherein it has been stated that Section 5 of the Roadside Land Control Act, 1945 provides that : "No person shall erect or re-erect any building, or make or extend any excavation in a controlled area; and no person shall, except with the previous permission of the Collector in writing, lay out any means of access to a road in a controlled area." A complaint was made regarding encroachment and verification of such encroachment was carried out in respect of Right Of Way by the SDM Sadad, Gonda. After inspection of State on 23.8.2025 existing Right of Way was verified. Upon inspection it was established that the petitioner had encroached upon right of way. The petitioner was issued notice initially on 16.4.2025. A second notice was issued on 09.5.2025 and after the order passed by this Court on 17.7.2025 third notice was issued to the petitioner on 12.8.2025. The petitioner did not remove the encroachment despite being granted sufficient time. The said encroachment was demolished on 23.8.2025 in the presence of the duly constituted Committee. The instructions are kept on record. Since the petitioner disputes such demolition on the ground that the construction was made by the petitioner on his land of Gata No.27 and not on right of way of Highway as determined by the Committee, such disputed questions of fact cannot be looked into writ jurisdiction. This writ petition is disposed of with the liberty to the petitioner to approach the appropriate civil Court. September 16, 2025 mks WRIC No. 8870 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench