HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 12254 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE SUDHANSHU CHAUHAN, J. 1. Heard learned counsel for the petitioners and learned counsel for the respondents. 2. The petitioners by means of the present writ petition have prayed for the following relief:- "(A) Issue a writ, order or direction in the nature of mandamus restraining the respondents authority not to made any construction by demolishing the houses of the petitioners as well as their Bhumidhari land bearing No.380 situated at Pati Bujurg, Pargana and Tehsil-Sagari, District Azamgarh. (B) Issue a suitable writ, order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case. (C) Award cost of this writ petiti8on to the petitioners." 3. The petitioners claim that the property in dispute i.e. land bearing Gata No.380 area 2.264 hectare situated at Village-Pati Bujurg, Pargana and Tehsil-Sagari, District Azamgarh was gifted as 'Bhudan' to the the petitioners' ancestors by the State Government, and the land in dispute is recorded as 'Bhudan' in Form-CH45. 4. However, the record does not reveal that the name of the petitioners have been recorded in the revenue records, and thus, the question as to whether the the property in dispute has been given to the petitioners as 'Bhudan' by the State Government or not is a question of fact, which cannot be Versus Counsel for Petitioner(s) : Ravindra Kumar Yadav, Sandeep Kumar Yadav Counsel for Respondent(s) : C.S.C., Rameshwar Prasad Shukla Gunai Ram And 4 Others .....Petitioner(s) State Of U.P. And 7 Others .....Respondent(s) adjudicated by this Court under Article 226 of the Constitution of India. 5. Since, the controversy in the instant case involves disputed question of fact, therefore, we are not inclined to grant any relief as prayed for by the petitioner in the present petition. 6. Accordingly, the writ petition is dismissed with liberty to the petitioner to avail appropriate remedy available in law. October 6, 2025 NS WRIC No. 12254 of 2025 2 (Sudhanshu Chauhan,J.) (Saral Srivastava,J.) Digitally signed by :- NITIN KUMAR High Court of Judicature at Allahabad