HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 30340 of 2019 Court No. - 2 HON'BLE PRAKASH PADIA, J. HON'BLE VIVEK SARAN, J. 1. Heard Sri Sanjay Kumar Rai, learned counsel holding brief of Sri Rajeev Kumar Rai, learned counsel for the petitioners and learned Standing Counsel for the respondents-State. 2. The petitioners have preferred the present petition with the following prayers:- i) Issue a writ, order or direction in the nature of certiorari for quashing the impugned order dated 12.9.2019 passed by the respondent no.3 Vide Annexure No.7 to this writ petition. ii) Issue a writ, order or direction in the nature of mandamus commanding and directing to the respondents to demolish illegal encroachment over the BMTC Road (State Road) with fair measurement of taking 55 fits from both side from the middle of the road. 3. Pursuant to the order passed by this Court, counter affidavit has been filed by the learned Standing Counsel on behalf of the respondent Nos.2 & 3 today in the Court, the same is taken on record. It is stated in paragraph 10 of the counter affidavit that Gata No. 849/0.1620 Hectare Mi and 847 Ka/0.0040 is a Road/P.W.D. land, over which the aforesaid B.M.T.C. Road (National High Way) is situated on which the petitioners have made illegal encroachment and for removal of the same, the proceedings were initiated and on the basis of revenue records, unauthorized encroachments of all the encroachers including petitioners were demolished. It is further stated that Gata No. 849(Ka) is bhoomidhari land of the petitioners but their house has been constructed over fractional part of aforesaid land and the petitioners had also encroached the additional road land by constructing Tin Shade, therefore, Versus Counsel for Petitioner(s) : Rajeev Kumar Rai Counsel for Respondent(s) : C.S.C., Surya Bhan Singh Ashok Kumar Rai And 2 Others .....Petitioner(s) State Of U P And 3 Others .....Respondent(s) the same has been removed, photocopy of Naksha Nazri of the Gata No. 849, 863, 803, 846 is being appended as Annexure-C.A.-1 to counter affidavit. The relevant portion of paragraph 10 of the counter affidavit reads as follows:- "it is submitted that Gata No. 849/0.1620 Hectare Mi. and 847 Ka/0.0040 is a Road/P.W.D. land, over which the aforesaid B.M.T.C. Road (National High Way) is situated. In the said Araji, the petitioners have made illegal encroachment; therefore, for removal and vacation of the same, the subsequent proceedings were initiated by issuing the show- cause notice to the encroachers followed by lodging the case under subsequent sections. Thereafter, on the basis of revenue records, limitation proceedings were carried out of the B.M.C.T. Road and also notices were issued to all unauthorized occupants and ultimately the unauthorized encroachments of all the encroachers including petitioners were demolished, thus at present the aforementioned Araji is situated as 'Road'. Further petitioners' this claim, claiming as tenure holders of Gata No. 849 (Ka) Mi., is concerned, it is submitted that Gata No. 849(Ka) is bhoomidhari land of the petitioners but his house has been constructed over fractional part of land and. Besides the bhoomidhari land, the petitioners had also encroached the additional road land by constructing Tin Shade, therefore, the same has been removed. For kind perusal of this Hon'ble Court photocopy of Naksha Nazri of the Gata No. 849, 863, 803, 846, showing the exact position of the land, is being appended herewith as Annexure-C.A.-1 to this affidavit." 4. After going through the same, a prayer has been made by Sri Sanjay Kumar Rai, learned counsel for the petitioners to dismiss the present petition as having become infructuous. 5. Accordingly, the present petition is being dismissed as having become infructuous. October 8, 2025 saqlain WRIC No. 30340 of 2019 2 (Vivek Saran,J.) (Prakash Padia,J.) Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad