Allahabad High Court
WRIC/17484/2026 of DIGVIJAY SINGH Vs STATE OF U.P. AND 3 OTHERS on 4 May 2026
JUDICATURE AT ALLAHABAD WRIT - C No. - 17484 of 2026 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE GARIMA PRASHAD, J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the State. 2. The petitioner, by means of the present writ petition, has sought the following
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 17484 of 2026
Court No. - 40
HON'BLE SARAL SRIVASTAVA, J.
HON'BLE GARIMA PRASHAD, J.
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1. Heard learned counsel for the petitioner and learned Standing Counsel for the State.
2. The petitioner, by means of the present writ petition, has sought the following reliefs: "i. Issue a writ, order, or direction in the nature of mandamus directing the District Level Committee, Gorakhpur (respondent no. 4), to decide the representation of the petitioner dated 26.02.2026 expeditiously, preferably within the stipulated period fixed by this Hon'ble Court.
ii. Issue a writ, order, or direction in the nature of mandamus directing the respondents to fix/construct the existing road at its actual place as per the revenue map, prior to demarcation/measurement for widening the road into two lanes from Air Force Station to Turra Naala through Rajahi Camp, and not to demolish the house of the petitioner arbitrarily."
3. The petitioner had earlier approached this Court by filing Writ-C No. 29172 of 2025, whereby this Court referred the matter to the District Level Committee to carry out demarcation of the petitioner’s house so as to determine whether the petitioner had encroached upon any public land. In compliance with the order and judgment of this Court in Writ-C No. 29172 of 2025, the District Level Committee conducted the demarcation and found that there was some encroachment by the petitioner.
4. According to the petitioner, the District Level Committee has not Versus Counsel for Petitioner(s) : Amar Nath Tiwari, Rishi Kant Rai Counsel for Respondent(s) : C.S.C. Digvijay Singh .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
conducted the survey/measurement of the petitioner’s house as per the revenue records, and if the demarcation had been carried out properly, there would have been no finding of encroachment. The petitioner contends that the report of the District Level Committee would have shown that there was no encroachment of public land by the petitioner.
5. The question as to whether the District Level Committee was supposed to carry out demarcation as per the revenue records, or whether the procedure adopted by it in demarcating the land was correct, is a question of fact. Further, the issue as to whether the demarcation was carried out properly or not can be determined only on the basis of pleadings and evidence on record.
6. In such view of the fact, we are not inclined to grant the reliefs prayed for by the petitioner.
7. Accordingly, the present writ petition is dismissed with liberty to the petitioner to avail of such appropriate remedy as may be available in law. May 5, 2026 Sachin Mishra WRIC No. 17484 of 2026 2 (Garima Prashad,J.) (Saral Srivastava,J.) Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad