WRIC/21115/2025 of RAJESH KUMAR TIWARI Vs STATE OF U.P. AND 3 OTHERS

HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 21115 of 2025 Court No. - 1 HON'BLE AJIT KUMAR, J. HON'BLE INDRAJEET SHUKLA, J. 1. Instruction placed today is taken on record. 2. Heard Sri Dinesh Kumar, learned Advocate holding brief of Sri Kamlesh Kumar Mishra, learned counsel for the petitioner and Sri P.K. Shahi, learned Additional Chief Standing Counsel for the State respondents. 2. By means of this petition filed under Article 226 of the Constitution, petitioner, who is the owner and in possession of 0.0180 hectares of plot No. - 470 situate at revenue village- Mauja Ugapur, Tehsil - Aurai, District- Bhadohi, is aggrieved by the interference made by PWD department and wants a writ in the nature of mandamus to restrain the respondent from interfering in his possession. 4. Learned Standing Counsel has obtained instructions in the matter as per which the land admeasuring 0.071 hectare of Plot No.- 470 was in possession of the petitioner and compensation was paid. 5. A further instruction has been obtained to the effect that PWD department is not interfering in the remaining area of land admeasuring 0.018 hectare falling in plot No.- 470. 6. From the above arguments and instructions as placed before the Court by learned counsel appearing for the respective parties, it transpires that some dispute of overlapping boundaries is there between two areas of the Versus Counsel for Petitioner(s) : Kamlesh Kumar Mishra Counsel for Respondent(s) : C.S.C. Rajesh Kumar Tiwari .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) same plot, firstly admeasuring 0.071 hectares in possession of PWD department for laying down road and 0.0180 hectare which still lies with the petitioner. 7. In the circumstances, we dispose of this petition with a direction to the petitioner to move application before the revenue authority, namely Sub - Divisional Magistrate for demarcation of his area of land within two weeks from today and if he does so, the Sub Divisional Magistrate shall constitute a team to carry out measurement exercise to demarcate the boundaries of two areas of the plot, firstly, in possession of the area of PWD department and secondly, possession of the petitioner. 8. Demarcation exercise shall be carried out in presence of the both the Petitioner as well as the officers of PWD and pillars shall be fixed accordingly. 9. Entire exercise shall be carried out by Sub Divisional Magistrate within two months of presentation of certified copy of this order along with application as directed herein above. 10. It is further provided that since the petitioner admits to have accepted compensation, he is directed to execute the sale deed of land in question for which compensation has been obtained by the petitioner soon after the demarcation exercise is completed. May 7, 2026 Atmesh WRIC No. 21115 of 2025 2 (Indrajeet Shukla,J.)   (Ajit Kumar,J.) Digitally signed by :- ATMESH KESARI High Court of Judicature at Allahabad