Neutral Citation No. - 2025:AHC:143335-DB Court No. - 29 Case :- WRIT - C No. - 26186 of 2025 Petitioner :- Jeetram Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Dhrub Narayan Kharwar,Vidya Dhar Dubey Counsel for Respondent :- C.S.C.,Tejasvi Misra Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Kshitij Shailendra,J. 1. Heard learned counsel appearing for the petitioner; Shri Devesh Vikram, learned Additional Chief Standing Counsel for the State respondent nos.1 to 4 and Shri A.P. Paul, learned counsel for Ghaziabad Development Authority. 2. By this writ petition, the petitioner has prayed for following principal reliefs:- "i) to issue a writ, order or direction in the nature of mandamus commanding the respondents not to dispossess the petitioner in peaceful possession of residential plot of the Arazi Khasra No.354, area 150 sq. yard, situated in Gram Hasanpur, Bhawapur, Pargana Loni, Tehsil and District Ghaziabad. ii) to issue a writ, order or direction in the nature of mandamus commanding the respondents to construct the dwelling house of the petitioner which they demolish without any authority of law as dwelling house was built in Arazi Khasra No.354, area 150 sq. yard, situated in Gram Hasanpur, Bhawapur, Pargana Loni, Tehsil & District Ghaziabad." 3. Learned counsel for the petitioner submits that the mother of the petitioner namely Dayawati was accorded a lease of plot No.354 area 150 sq. yard situated in Village Hasanpur, Bhawapur, Pargana Loni, District Ghaziabad on 30.09.1973 for residential purpose. He submits that the said lease has not been recalled by the Competent Authority and in most arbitrary manner, the Ghaziabad Development Authority (in short, GDA) has demolished the construction on the plot in question without giving any notice or affording opportunity of hearing to the petitioner. 4. The relief is resisted by learned Additional Chief Standing Counsel and Shri A.P. Paul, learned counsel for the GDA on the premise that the claim has been set up on the basis of the alleged lease dated 30.09.1973. The disputed facts cannot be pressed before this Court under Article 226 of Constitution of India and the petitioner has remedy to approach the competent revenue court/civil court for the relief, which can be tested on three important conditions i.e. (i) Prima Facie Case; (ii) Balance of Convenience; and (iii) Irreparable Injury. 5. Considering the factual situation and the claim, as set up by the petitioner, we are not inclined to entertain the writ petition. However, the petitioner has adequate and efficacious remedies of approaching the civil or revenue courts, at the first instance for seeking the remedies. 6. With the aforesaid leave, the instant writ petition stands disposed of. Order Date :- 21.8.2025 RKP Digitally signed by :- RAKESH KUMAR PATEL High Court of Judicature at Allahabad