Neutral Citation No. - 2025:AHC:40247-DB Court No. - 21 Case :- WRIT - C No. - 8125 of 2025 Petitioner :- Smt. Shashi Prajapati Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Prabhakar Nath Tripathi,Satyendra Kumar Pandey 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 writ of mandamus commanding respondent no. 3 to decide the dispute regarding illegal encroachment allegedly made on the land of the petitioner after calling for a report of S.D.M. Bareilly, Department of Revenue and Apda Prabandhan, Bareilly. 2. The case of the petitioner is that she had purchased a piece of land measuring 111.47 sq. mtrs. of Khasra No. 185 by registered sale deed in the year 2017. In the year 2019, the petitioner fell ill and was out of city for treatment. It is alleged that during the said period the Jail Prashasan, Bareilly constructed a wall on the northern side of the petitioner's plot. It is alleged that in the process the Jail Authorities had encroached over an area measuring 5.47 sq. mtrs. of the land of the petitioner. The further case of the petitioner is that in the year 2024 the Jail Administration, Bareilly transferred the said land to Parivahan Department and the Parivahan Department tried to construct new pillars and in respect whereof complaints dated 18.10.2024 and 04.11.2024 were made by the petitioner to the Chief Minister and District Magistrate. As the respondents are not ready to remove encroachments made over the land of the petitioner measuring 5.47 sq. mtrs., therefore, the petitioner has been compelled to approach this Court by way of instant petition. 3. It is not disputed that the wall was constructed by the Jail Prashasan, Bareilly in the year 2019 when, according to petitioner, she had gone to AIIMS for treatment. It is admitted that the land of the Jail Prashasan is appurtenant to the plot of the petitioner. The area allegedly encroached is 5.47 sq. mtrs. In writ jurisdiction, we are not in a position to examine the claim of the petitioner regarding alleged encroachment. The issue raised requires a factual inquiry in a duly instituted proceeding by way of demarcation or civil suit. 4. In such circumstances, we decline to entertain the controversy in exercise of writ jurisdiction and leave it open to the petitioner to avail such other remedy, as may be advised. 5. The petition stands disposed of with the aforesaid liberty. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 20.3.2025 gp Digitally signed by :- GANESH PRAKASH High Court of Judicature at Allahabad