HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 11923 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard learned counsel for the petitioner and learned counsel for the respondents. 2. By means of the present writ petition, the petitioner has prayed for the following reliefs:- "(a). Issue a writ, order or direction in the nature of mandamus directing to the Respondents authority not to dispossess or construct Chak Road over in 'the petitioner Plot No.834/0.706 hectare situated in Village- Nagla Gumani Majra Kanovi, Tahsil- Atrauli, District-Aligarh, without making due demarcation and disturbing the area recorded in the of above noted Plot No.834. (b) Issue a writ, order or direction in the nature of mandamus directing the Respondents not to dispossess petitioner from Plot No.834/0.706 hectare situated in Village- Nagla Gumani Majra Kanovi, Tahsil- Atrauli, District-Aligarh and forcibly construct Chak Road thereon during the pendency of instant writ petition before this Hon'ble Court, in the interest of justice. (c) Issue any other suitable writ, order or direction which this Hon'ble Court may deem fit and proper in view of the facts and circumstances of the case. (d) Award the cost of writ petition throughout in favour of the petitioner." 3. This Court on 22.04.2025 passed the following order:- "1. Mr. R.K. Paramhans Singh, learned advocate appears on behalf of petitioner and submits, plot no. 834/0.706 hectare situated in village- Nagla Gumani Majra Kanovi in District- Aligarh is his client's property. Respondent no.5 with assistance of Versus Counsel for Petitioner(s) : Dhananjay Pratap Singh, R.K.Paramhans Singh Counsel for Respondent(s) : C.S.C., Krishna Kant Singh Gulab Singh .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) particularly respondent no.4 is seeking forcibly to construct chak road over his plot. His client has on several occasions resisted them. He is now before the Court seeking protection. 2. Mr. Raj Mohan Upadhyay, learned advocate, Additional Chief Standing Counsel appears on behalf of State. He submits, the allegation is against the Gram Sabha. 3. Mr. Krishna Kant Singh, learned advocate appears on behalf of respondent no.5 (the Gram Sabha) and prays for adjournment. 4. List on 5th May, 2025 as fresh. 5. Status quo in respect of petitioner's plot be maintained till next date of hearing." 4. On instructions, Sri Krishna Kant Singh, learned counsel for the respondents submits that the petitioner's land is Gata No.834 having an area of 0.706 hectare situated at village Nagla Gumani, Tehsil Atrauli, District Aligarh and the chak road is on Gata No.835. 5. Earlier, a demarcation proceeding was conducted in which it was found that the petitioner had encroached upon Gata No.835. Thereafter, on the application of the petitioner another demarcation was conducted from the fixed point from the petitioner's land and it was found that petitioner had encroached upon Gata No.835 which is recorded as chak road. 6. The question as to whether the chak road is being constructed over the land of the petitioner or on Gata No.835 is a question of fact which can be decided only on the basis of pleadings and evidence on record. 7. The writ petition involves disputed question of fact and this Court cannot decide the disputed question of fact under Article 226 of the Constitution of India. Accordingly, the writ petition is dismissed with liberty to the petitioner to avail appropriate remedy available in law. September 24, 2025 SS WRIC No. 11923 of 2025 2 (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) Digitally signed by :- SUNIL KUMAR SHARMA High Court of Judicature at Allahabad