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Neutral Citation No. - 2025:AHC:111067-DB Court No. - 21 Case :- WRIT - C No. - 12035 of 2025 Petitioner :- Ramkesh Maurya Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ajay Kumar Singh Yadav,Brij Kumar Yadav Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J.
1. Heard Sri Ajay Kumar Yadav, learned counsel for the petitioner, learned Standing Counsel for respondent Nos.1 to 3 and Sri Anurag Yadav, learned counsel for respondent No.4. 2. The petitioner has prayed for a writ of mandamus, restraining the State-respondents from demolishing his ancestral house allegedly situated over his bhumidhari land comprising of Gata No.352ka/area 0.024 hect; Village Jamalpur, Pargana- Haveli, Tehsil- Sadar, District Jaunpur. 3. The case of the petitioner is that State-respondents are widening a public road, which lies on one side of his house, and in course of widening the same, they are threatening to demolish the house of the petitioner. 4. The State-respondents have supplied written instructions, according to which road is situated over Plot No.243 area 0.334. The widening of the road is confined to the area of the said plot, and the petitioner has no concern with the same. 5. The newly impleaded respondent No.4 is stated to be owner of Gata No.139, and according to him, the road passes between the plot of the petitioner and the plot of respondent No.4; the respondents have extended the road from the center of the road, after proper demarcation. It is submitted that infact the petitioner has encroached over the road. 6. In our considered opinion, the dispute in relation to identification and demarcation of the respective holdings of the petitioner and respondent No.4, as well as land of the road comprising of plot No.243 area 0.3340 hect should be carried out
by the revenue authorities in order to put at rest, the controversy between the parties. We consequently direct respondent No.2 to constitute a revenue team, which would carry out proper survey and demarcate the respective holdings of the parties, as well as the land of Gata No.243, which is stated to be a road. 7. The aforesaid, exercise shall be carried out within four weeks' from the date of communication of the instant order. In the mean time, no coercive action shall be taken in respect of the existing constructions of the parties. 8.
The petition stands disposed of. Order Date :- 10.7.2025 Ashish/- (R.M.N.Mishra, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad