Neutral Citation No. - 2025:AHC:128036-DB Court No. - 21 Case :- WRIT - C No. - 14268 of 2025 Petitioner :- Kedar Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Hriday Narayan Pandey,Ram Sunder Yadav Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard Sri Hirday Narayan Pandey, learned counsel for the petitioner, Sri Himanshu Shukla, Advocate holding brief of Sri Bhupendra Kumar Tripathi learned counsel for the respondent No.7 and learned Additional Chief Standing Counsel for the State- respondents. 2. The following prayer has been made in the instant writ petition :- "i. a writ, order or direction in the nature of Mandamus to direct the respondent authorities to restrain the formal parties from installing Tube-well of Jal Sansthan mission provided by the Union of India in the bhumidhari of petitioner as per Arazi No.279 area 1.6750 situated in village- Kothiya, Pargana Sadiyabad, Tehsil Jakhania, District Ghazipur pending in this Hon'ble Court as per Writ Petition No.45417 of 1999 (Jagdhari and others Vs. D.D.C., Ghazipur and Ors), however, there was stay order passed by this Hon'ble Court in accordance with law, as such, the respondent authorities are flouting and dis-obeying the stay order of Hon'ble Court." 3. The case of the petitioner is that he is Bhumidhar of Arazi No.279 area 1.6750 situated in village- Kothiya, Pargana Sadiyabad, Tehsil Jakhania, District Ghazipur. In connection with the said land, Writ Petition No.45417 of 1999 (Jagdhari and others Vs. D.D.C., Ghazipur and Ors) arising out of consolidation proceedings is pending before this Court. In the said writ petition, the operation of the order impugned in the writ petition has been stayed by this Court vide order dated 27.10.1999. The interim order is still in operation. The respondents in violation of the stay order, have started construction of road and water tank over bhumidhari land of the petitioner without any authority of law. 4. Learned Standing Counsel has placed on record the instructions received from the Executive Engineer, Provincial Division, PWD, Ghazipur. The stand taken therein is that Plot No. 43 area 0.2420 hectare is Chak road and plot No.268 is Khaliyan and road and water tank are being constructed over the same. In view of the grievance of the petitioner that the respondents are constructing road and water tank over part of his bhumidhari land, a demarcation was got done by a team of Revenue Officers on 29.05.2025. However, the petitioner was not satisfied with the demarcation proceedings and therefore, he did not sign the demarcation memo. 5. The petitioner has filed rejoinder affidavit, and in paragraph Nos. 12 and 13 it is stated that the respondents did not consider the stand of the petitioner at the time of demarcation and the petitioner is not satisfied with the same. 6. In the writ petition, the petitioner has not clarified the nature of order against which the writ petition was filed. Even copy of the order which is impugned in the writ petition has not been filed. He also could not show that the said writ petition is by the petitioner. In the present petition, the petitioner has alleged that he is bhumidhar of plot No.279 area 01.6750 and that the respondents are installing tube-well. However, in the representation filed by him on 12.04.2025, there is no reference to Plot No.279, but only to plots Nos. 47, 44A and 44B. 7. The present dispute appears to be a dispute relating to demarcation. We are of the opinion that the said dispute could be settled under Section 24 of U.P. Revenue Code, 2006. 8. Accordingly, we dispose of the instant writ petition, with liberty to the petitioner to avail the said remedy, and it is further provided that in case any such remedy is availed, the same shall be decided expeditiously, preferably within eight weeks after due notice and opportunity of hearing to all concerned parties. Order Date :- 31.7.2025 Ashish/- (R.M.N.Mishra, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad