Neutral Citation No. - 2025:AHC:89665-DB Court No. - 21 Case :- WRIT - C No. - 11305 of 2025 Petitioner :- Krishna Kumar Tiwari And 2 Others Respondent :- State Of U.P. And 17 Others Counsel for Petitioner :- Dheeraj Kumar Dwivedi Counsel for Respondent :- Anand Prakash Paul,C.S.C.,Tejasvi Misra Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The petitioners have prayed for quashing of an auction notice published on 24.02.2025 in newspaper in respect of commercial plot Nos. C1 and C2 and to restrain the respondent Development Authority from interfering in the possession of the petitioner over Arazi Nos. 1585 area 0.307 hectare and 1586 area 0.0510 hectare village Ahirwa, Tehsil Sadar, District Kanpur Nagar. 2. The case of the petitioners is that they are bhumidhar of Arazi No. 1585 and 1586, Village Ahirwa, Tehsil Sadar District Kanpur Nagar. The respondent Development Authority has illegally carved out commercial plots over the land belonging to the petitioners and has notified it for auction in the newspaper dated 24.02.2025. 3. Learned counsel appearing on behalf of respondents No. 3 and 4 (Kanpur Development Authority) has placed on record the written instructions received from the Development Authority. According to it, commercial plots Nos. C1 and C2 which have been advertised for auction have been carved out over Arazi No. 145(m) Village Kalyanpur Narval, Kanpur Nagar. It is stated that an area measuring 0.051 hectare of Arazi No. 145 is recorded in name of Kanpur Development Authority, Kanpur. It is also stated that the petitioners have already filed an application under Section 24 of the U.P. Revenue Act, 2006 for demarcation of their land and that Kanpur Development Authority Kanpur upon coming to know of the dispute relating to demarcation, has kept in abeyance the auction proceedings. 4. Sri Tejasvi Misra learned counsel appearing for KDA submits that the commercial plots in question have been developed over acquired land of village Kalyanpur Narval, whereas plot Nos. 1585 and 1586 over which the petitioners claim title are situated across the road in entirely different village namely Ahirwa, Tehsil Sadar, District Kanpur Nagar. 5. It is evident from the case set up by the parties that the dispute is with regard to demarcation of their respective lands, for which the petitioners have already initiated proceedings under Section 24 of the U.P. Revenue Code, 2006. 6. Any dispute relating to demarcation not only involves actual demarcation but also appreciation of evidence which is not possible in exercise of writ jurisdiction. 7. We, therefore, decline to examine the said issue and leave it open to the petitioners to press the demarcation application stated to be pending at their behest. 8. In case there is any imminent threat of dispossession, it is always open to the petitioners to institute civil suit or avail such other remedy as may be advised. 9. The writ petition is disposed of accordingly. Order Date :- 26.5.2025 NSC (Manoj Kumar Gupta, J.) (Anish Kumar Gupta, J.) Digitally signed by :- NARENDRA SINGH CHAUDHARY High Court of Judicature at Allahabad