Neutral Citation No. - 2025:AHC:36798-DB Court No. - 40 Case :- WRIT - C No. - 7677 of 2025 Petitioner :- Umar Daraz Khan Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Mumtaz Ahmad Siddiqui Counsel for Respondent :- C.S.C. Hon'ble Shekhar B. Saraf,J. Hon'ble Vipin Chandra Dixit,J. 1. Heard Sri Gaurav Tripathi, Advocate holding brief of Sri Mumtaz Ahmad Siddiqui, learned counsel appearing on behalf of the petitioner, Sri Mukul Tripathi, learned Standing Counsel appearing on behalf of the State respondents and Sri K.P. Verma, learned counsel appearing on behalf of the respondent Nos.6 & 7. 2. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioner is seeking the following substantial reliefs: “i) Issue a writ, order or direction in the nature of Mandamus directing the respondent No.2 & 4 to decide the application/representation of the petitioner within stipulated period of time as determined by this Hon’ble Court. (Annexure No.1 to this writ petition). ii) Issue a writ, order or direction in the nature of Mandamus directing the respondent No.7 not to use the land (Arazi No.285, Village-Ghatampur, Tehsil-Ghatampur, District Kanpur Nagar) of the petitioner as garbage dumping yard. iii) Issue a writ, order or direction in the nature of Mandamus directing the respondent No.3 & 8 to restrain the local public from the use of the land of the petitioner for Holika Dahan.” 3. Counsel appearing on behalf of the petitioner submits that the respondent authorities have dismantle the wall that has been constructed by the petitioner over his property in Arazi No.285. 4. This contention of the petitioner has been opposed by the counsel appearing on behalf of the State respondents. He has referred to a letter dated March 23, 2024 issued by the revenue team headed by the Tehsildar that indicates that similar situation was existing one year ago when a wall constructed by the petitioner had been brought down by the authorities in accordance with law. It is to be noted that the petitioner did not approach this Court upon the said action having been taken in the month of March 2024. He further relies on a letter dated March 11, 2025 issued by the revenue team, which is a copy of spot memo, wherein the authorities have once again dismantled the wall that has been constructed by the petitioner on Arazi No.284. Photographs have also been annexed with the instructions that have been supplied by the State respondents. 5. At this stage, we are of the view that this Court cannot go into the factual dispute with regard to whether the wall that has been dismantled is in Arazi No.284 or 285. The report of the revenue team indicates that the wall that has been dismantled is at Arazi No.284 while the petitioner submits that the same is on his land in Arazi No.285. 6. In light of the same, this Court directs the Tehsildar concerned to carry out a demarcation of the said land after granting an opportunity of hearing to the petitioner with regard to application/representation made by the petitioner dated March 3, 2024. The District Magistrate concerned is directed to grant proper hearing to the petitioner as well as relevant authorities, and thereafter, take action in accordance with law. The District Magistrate shall also direct for demarcation of the land so that the dispute can be brought to an end. The entire process indicated above should be completed within twelve weeks from the date of presentation of a certified copy of this order. 7. With the aforesaid directions, the writ petition is disposed of. Order Date :- 12.3.2025 Kuldeep (Vipin Chandra Dixit, J.) (Shekhar B. Saraf, J.) Digitally signed by :- KULDEEP SINGH High Court of Judicature at Allahabad