Neutral Citation No. - 2025:AHC:123130-DB Court No. - 40 Case :- WRIT - C No. - 24257 of 2025 Petitioner :- Jai Prakash Rastogi And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ajeet Sharma,Divakar Rai Sharma Counsel for Respondent :- C.S.C. Hon'ble Saral Srivastava,J. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard learned counsel for the petitioners. 2. The petitioners have prayed for the following reliefs:- "(1). Issue a writ, order or direction in the nature of mandamus commanding the respondents, particularly respondent No.2 to forthwith remove the seal and restore the possession of the property of the petitioner being Gata No.979/11 situated in village Lakadi Fazalpur, Tehsil & District Moradabad. (2). Issue a writ, order or direction in the nature of mandamus directing the respondents to refrain from dispossessing or interfering with the petitioners' possession of the said property except in accordance with due process of law. (3). Issue a writ/writs, order or direction and/or such other and further order as this Hon'ble Court may deem fit and proper under the circumstances of the case. (4). Award the cost of the petition in favour of the petitioners." 3. Learned counsel for the petitioners has contended that the land of the petitioners have been sealed by the Nagar Nigam without giving any notice and opportunity of hearing. He submits that the fact of sealing of land came to the knowledge of the petitioners by a newspaper report which is enclosed as Annexure No.5 to the writ petition. 4. Perusal of the newspaper report reveals that the land is of the Nagar Nigam and the same has been encroached by the petitioners and the same is being sold to some other persons. Since the land is of the Nagar Nigam, therefore, the Nagar Nigam has removed the possession of the petitioners. 5. The petitioners claim that they are owner of the land. The question as to whether the land over which the Nagar Nigam alleges encroachment is land of the petitioners or Nagar Nigam is a question of fact which cannot be decided by this Court in exercise of the power under Article 226 of the Constitution of India. 6. Accordingly, the writ petition is dismissed with liberty to the petitioners to avail appropriate remedy available in law. Order Date :- 25.7.2025 SS (Arun Kumar Singh Deshwal,J.) (Saral Srivastava,J.) Digitally signed by :- SUNIL KUMAR SHARMA High Court of Judicature at Allahabad