HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 11045 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard learned counsel for the petitioner. 2. The petitioner by means of the present writ petition has prayed for the following relief:- "i. Issue a writ, order or direction in the nature of mandamus commanding the respondent No.2 (District Magistrate, Jaunpur) to decide the representation of the petitioner dated 15.10.2024. ii. Issue a writ, order or direction in the nature of mandamus commanding the respondent No.2 to provide compensation to the petitioner for the illegal acquisition/encroachment of Arazi No.1146 (area 0.255 hectare) situate at Village Akbarpur, Tehsil Kerakat, District Jaunpur for the Prime Minister Awas Yojana or provide suitable alternate land. iii. Issue any other writ, order or direction, which this Hon'ble Court may deem fit and consider proper under the circumstances of the case. iv. Award the cost of the instant petition to the petitioner." 3.The grievance of the petitioner is that he is the owner Arazi No.1146, area 0.255 hectare situated at Village Akbarpur, Tehsil Kerakat, District Jaunpur, and under the garb of Prime Minister Awas Yojana, the respondent nos.3 & 4 had taken possession over the land of petitioner in the year 2021 on which, respondent nos.5 & 6, who are private respondents, have raised construction. 4. Learned counsel for respondent nos.5 & 6 states that the land over which Versus Counsel for Petitioner(s) : Ashutosh Ganguli, Pranab Kumar Ganguli Counsel for Respondent(s) : Vinod Kumar Tiwari, Bhupendra Kumar Tripathi, Rajesh Giri, Shree Prakash Giri Ghanshyam Giri .....Petitioner(s) State Of Up And 5 Others .....Respondent(s) respondent nos.5 & 6 have raised construction is recorded as 'Abadi' and is not owned by the petitioner. 5. Be that as it may, the question as to whether respondent nos.5 & 6 raised construction over the plot owned by the petitioner or on a land which is recorded as 'Abadi' is a disputed question of fact which cannot be adjudicated by this Court in exercise of power under Article 226 of the Constitution of India as the determination of such issue requires necessary evidence. 6. In such view of the fact, the writ petition is dismissed with liberty to the petitioner to avail other alternative remedy available under the law. September 24, 2025 Sattyarth WRIC No. 11045 of 2025 2 (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) Digitally signed by :- SATTYARTH ANAND High Court of Judicature at Allahabad