Neutral Citation No. - 2025:AHC:143777-DB Court No. - 40 Case :- WRIT - C No. - 14991 of 2025 Petitioner :- Maharana Pratap Singh Respondent :- District Magistrate And 2 Others Counsel for Petitioner :- Satyendra Narayan Singh Counsel for Respondent :- C.S.C.,Jeet Bahadur Singh Hon'ble Saral Srivastava,J. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for respondent no.1 and learned counsel for respondent nos.2 & 3. 2. The petitioner has prayed for the following relief:- "i. Issue a writ, order or direction in the nature of mandamus directing the respondents not to construct Nala on the land Khata No.1247 situated at Nagar Panchayat, Usawan, District Budaun without following the procedure of law as enshrined under Article 300A of the Constitution of India. ii. Issue a writ, order or direction in the nature of mandamus directing the respondents to release compensation to the petitioner for land Khata No.1247 situated at Nagar Panchayat, Usawan, District Budaun. iii. Issue any suitable order or direction which this Hon'ble Court may deem fit and proper in the fact and circumstances of the instant case. iv. Award the cost of the petition in favour of the petitioner." 3. This Court on 26.05.2025 passed the following order:- "The counter affidavits filed on behalf of respondent nos. 2 & 3 are taken on record. In the counter affidavits, the respondent nos. 2 & 3 have taken the stand that the drainage is not being constructed on the land of the petitioner or any private person. In support of the aforesaid contention, a report of the concerned Lekhpal has been annexed as Annexure No. CA-2 to the counter affidavit. The report of the Lekhpal does not deny the claim of the petitioner that the drainage is being constructed over his bhumidari land. The report only denies the claim that the drainage is being constructed without the consent of the petitioner. There is apparent conflict between the averments made in Paragraph-5 of the counter affidavit and the report of the Lekhpal. The conflict between the averments in the affidavit and the contents of the report of the Lekhpal creates confusion and ambiguity regarding the position on the spot. In view of the aforesaid, the Collector, i.e., the District Magistrate, District Budaun is directed to submit a fresh report after getting the plot inspected by the revenue team in his presence. The inspection shall be done in the presence of the Collector/District Magistrate, District Budaun and the report along with the map shall be signed by the Collector and submitted before this Court through a counter affidavit on the next date. The report and the map shall clearly indicate as to whether the drainage has been constructed over the land of the petitioner or not. Put up again as fresh on 7.7.2025. The Registrar (Compliance) shall send a copy of the present order to the present Collector/District Magistrate, District Budaun within 24 hours for necessary compliance." 4. In compliance of the order passed by this Court on 26.05.2025, a spot inspection was conducted by the District Magistrate himself alongwith his team and after conducting the spot inspection, the District Magistrate submitted a spot inspection report which is annexed as Annexure-1 to the counter affidavit. 5. According to spot inspection report, 'Nala' has been constructed over the land recorded as 'road pukhta' and not on the land of petitioner. 6. In such view of the fact, the question as to whether the 'Nala' has been constructed over the land of petitioner or not is a question of fact which cannot be gone into by this Court under Article 226 of the Constitution of India. 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. Order Date :- 21.8.2025 Sattyarth (Arun Kumar Singh Deshwal,J) (Saral Srivastava,J) Digitally signed by :- SATTYARTH ANAND High Court of Judicature at Allahabad