HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 14100 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE SUDHANSHU CHAUHAN, J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents. 2. The petitioner by means of the present writ petition have prayed for the following relief:- "(i) Issue writ, order or direction in the nature of mandamus commanding the respondent authorities to remove the foundation of Police Chowki over the plot no.471/3, area 4 dismil and plot no.473, situated in Village Mani Kala, Pargana Anguli, Tehsil Shahganj, District Jaunpur, in respect of which the Writ-B No.72856/2010 and 15162/2011 is pending before this Hon'ble Court, and interim order is still operative (Annexure No.1 to this writ petition). (ii) Issue any other suitable writ, order or direction, which this Hon'ble Court deem fit and proper in the circumstances of the case. (iii) Award the cost of petition to the petitioner." 3. On 13.05.2025, following order was passed by this Court:- "1. Mr. Kailash Nath Singh, learned advocate appears on behalf of petitioner and submits, foundation of police chowki over plot no. 471/3, area 4 decimal and plot no. 473, situate in village- Mani Kala, Pargana- Anguli, Tehsil- Shahganj, District- Jaunpur, has been forcefully constructed on land belonging to petitioner. He seeks direction for removal or due process initiated for acquisition and compensation to be paid. 2. Mr. Devesh Vikram, learned advocate, Additional Chief Standing Counsel appears on behalf of State and submits, instructions are necessary. 3. List on 28th May, 2025 as fresh." Versus Counsel for Petitioner(s) : Kailash Nath Singh Counsel for Respondent(s) : C.S.C. Imran Ahmad .....Petitioner(s) State Of U.P. And 6 Others .....Respondent(s) 4. Sri Rajeshwar Tripathi, learned Chief Standing Counsel has placed instruction, which is taken on record, according to which the Police Chowki has been constructed on the land falls under 'Shreni-6(3)' and not on the land of the petitioner. Para 9 of the instruction is reproduced hereinbelow:- "9-स्थलीय सत्यापन में ्ऺाप्त िस्थित के अनुसार पुिलस सहायता के न््श मानीकला शहीदवारा ्शेणी-6(3) की भूिम में िनिमत है। याची का ्ऺकरण ्ऺश्नगत गाटा संख्या 471/3 रकबा 0.04 िड० से सम्बिन्धत है, जोिक मौके पर खाली है।" 5. The question as to whether Police Chowki is constructed over the land of the petitioner or over the land recorded under 'Shreni- 6(3) in the revenue record is a question of fact which can be decided only on the basis of evidence available on record and cannot be adjudicated by this Court in exercise of power under Article 226 of the Constitution of India. 6. In such view of fact, we are not inclined to grant relief as prayed for by the petitioner. 7. Accordingly, writ petition lacks merit and is hereby dismissed with liberty to the petitioner to avail appropriate remedy available under the law in respect to his grievance. October 6, 2025 Virendra WRIC No. 14100 of 2025 2 (Sudhanshu Chauhan,J.) (Saral Srivastava,J.) Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad