HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 32093 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 counsel for the respondents. 2. The petitioner by means of the present writ petition has prayed for the following relief:- "i. To issue a writ, order or direction in the nature of mandamus commanding the respondent no.2 to release the plot of the petitioner from its encroachment and/or award suitable compensation; ii. To issue such other and further writ, order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case. iii. To award the cost of the petition in favour of the petitioner." 3. The petitioner claims that he is the owner of Khasra/Gata No.259/1, area 0.3110 hectare situated at Village Naripura, Sohalla Road, Tehsil and District Agra. 4. It is submitted that the petitioner had lodged a complaint in respect to the construction of road on the plot of the petitioner on the IGRS portal, on which a report dated 25.06.2025 has come, in which it is stated that the construction of road at the disputed site has been stopped. Accordingly, it is submitted that it is evident that the petitioner's plot is being encroached and the respondents are illegally raising construction over the plot of the petitioner. 5. Sri Shyam Mani Shukla, learned counsel appearing for the respondent Versus Counsel for Petitioner(s) : Satyavrat Sahai, Sunil Dutt Kautilya Counsel for Respondent(s) : C.S.C., Shyam Mani Shukla Rajendra Singh .....Petitioner(s) State of U.P. and Another .....Respondent(s) Nagar Nigam on instructions, which is taken on record, states that the petitioner's land has not been encroached, rather a construction has been raised on a path which has already been used as road by the villagers. He has placed reliance upon para-5 of the instructions, which is reproduced herein- below:- "5. प्रस्तर सं०-08 में विणत तथ्य असत्य एव भ्रमक है, स्वीकार नहीं है याची का यह कहना िवलकु ल गलत है िक उत्तरदाता सं०-2 द्वारा याची की जमीन पर अितक्रमण करके पुरानी सड़क का पुनर् िनमार्ण कायर् सम्पन्न िकया है या जीणोर्द्धार िकया है, असल तथ्य यह है िक प्रश्नगत सडक मागर् प्राचीन समय से क्षेत्रीय िनवासीयों द्वारा अपने घर आने-जाने के िलए इस्तमाल में लाया जा रहा है और उसी मागर् / सड़क का पुन िनमार्ण आगरा नगर िनगम द्वारा िकया गया है, कोई अलग से सड़क मागर् याची की जमीन पर नहीं बनाया गया है।" 6. Since, the respondents have disputed the fact that they have raised no construction over Arazi of the petitioner, and there is a dispute as to whether the road has been constructed on the land of the petitioner or a road was already existing on the plot which was being used by the villagers is a question of fact which can be determined only on the basis of pleading and evidence on record. In such view of the fact, we are not inclined to interfere with the matter under Article 226 of the Constitution of India as this Court cannot decide the disputed question of fact. 7. Consequently, the writ petition is dismissed with liberty to the petitioner to avail other alternative remedy available in law. September 15, 2025 NS WRIC No. 32093 of 2025 2 (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) Digitally signed by :- NITIN KUMAR High Court of Judicature at Allahabad