HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 19763 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents are present. 2. By means of the present writ petition, the petitioner has prayed for the following relief:- "Issue a writ order or direction in the nature of mandamus commanding and directing the respondents to stop the work of Sadak over the Araji No. 210Ga having an area 0.1250 Hectare situated at Village Ahirauli, Tehsil Mariyahun, district Jaunpur which is belongs to the petitioner." 3. According to the petitioner, he is the owner of Plot No. 210Ga, having an area of 0.1250 hectare, situated at Village Ahirauli, Tehsil Mariyahun, District Jaunpur. 4. In the counter affidavit, it has been specifically and categorically averred in paragraph Nos. 5 and 10 that the construction of the link road is not being carried out on any part of the petitioner's Plot No. 210Ga, measuring 0.1250 hectare. The construction is stated to be on the area marked as road in Arazi No. 210. Since there is a specific and categorical averment in the counter affidavit that no construction is being raised by the respondent-authority over the petitioner's plot, the question as to Versus Counsel for Petitioner(s) : Janardan Yadav, Vivek Kumar Pal Counsel for Respondent(s) : C.S.C. Lakshman Pal .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) whether the construction is raised on the petitioner's land is a disputed question of fact, which cannot be adjudicated by this Court in the exercise of powers under Article 226 of the Constitution of India. 5. In view of the above, we are not inclined to grant the relief as prayed for by the petitioner. However, we leave it open to the petitioner to avail appropriate remedy available in law, either by filing an application under Section 24 of the U.P. Revenue Code for demarcation of plot or by approaching the competent civil court. 6. For the reasons stated above, the writ petition is dismissed subject to the aforesaid liberty. September 9, 2025 Sumaira WRIC No. 19763 of 2025 2 (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) Digitally signed by :- SUMAIRA AQUIL High Court of Judicature at Allahabad Digitally signed by :- SUMAIRA AQUIL High Court of Judicature at Allahabad