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Neutral Citation No. - 2025:AHC:62337-DB Court No. - 21 Case :- WRIT - C No. - 12444 of 2025 Petitioner :- Jeet Singh Chauhan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Amit Krishna Counsel for Respondent :- C.S.C.,Kaushalendra Nath Singh Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J.
1. The petitioner has challenged a demarcation report dated
06.03.2025. The demarcation was made in pursuance of the direction issued by this court on 03.07.2024 in the earlier writ petition of the petitioner being Writ-C No.13609 of 2024. It is noteworthy that the writ court, while issuing the direction for demarcation, has observed that the issue raised by the petitioner in the writ petition, being a highly controversial question of fact, could not be adjudicated in exercise of writ jurisdiction.
2. Admittedly, a civil suit filed by the petitioner against NOIDA bearing OS No.22 of 2019 is pending in the court of Civil Judge (Senior Division), Gautam Buddh Nagar wherein the main issue is whether the subject land in respect of which NOIDA had issued notices to the petitioner for removal of the structure existing over it, lies over Gata no.236 as claimed by the petitioner or Gata nos.242 or 241, which were acquired in favour of NOIDA over which Sector-44 was carved out.
3. Shri Amit Krishna, learned counsel for the petitioner, after making brief submissions, prays for withdrawal of the writ petition with liberty to the petitioner to raise all pleas and contentions in the pending suit.
4. In view of the said prayer, the petition stands disposed of as withdrawn without prejudice to the pleas and contentions of the parties in the pending civil suit. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 24.4.2025 Ankit. Digitally signed by :- ANKIT VISHWAKARMA High Court of Judicature at Allahabad