Hon'ble Manish Mathur,J.
(ORAL)
1. The petition seeks issuance of a writ in the nature of mandamus directing respondents not to construct road over the land owned by the petitioner comprised in Gata no.645 area 0.1900 hectares in village Kothara Kalan, Post Kothara Khurd, Pargana Chanda, Tehsil Lambhua, District Sultanpur.
2. Gist of the issue is recorded in order dated 29.4.2019. The order reads as under:-
"1. The controversy is that the petitioner claims that his land falling in Gata No.645 in village Kothara Kalan, Post Kothara Khurd, Tehsil Lambhua, District Sultanpur has been utilized for construction of road, whereas in the counter affidavit in para 5, it is claimed that the land of the petitioner has not been encroached.
2. We have referred to the site plan appended with the counter affidavit at internal page 9 of the counter affidavit, which prima facie indicates that the road runs through Gata No.645 on the eastern side. Under the circumstances, the pleadings in counter affidavit do not reconcile the demarcation report.
3. We hereby direct the Executive Engineer, Lok Nirman Vibhag, Sultanpur through whom the counter affidavit has been filed to remain present in Court along with all the record depicting the facts. This court would like to determine whether land of the petitioner has been utilized for construction of road or not.
4. List on 04.07.2019."
3. Shri Raj Baksh Singh, learned counsel for the State on the basis of instructions contends that the area owned by the petitioner has been restored in favour of the petitioner. Land comprised in Gata No.645 (supra) is owned in part by the petitioner and in part by the Gram Sabha for the purpose of khalihan.
The statement has been given on behalf of the respondents to the effect that possession of the area of land owned by the petitioner has been restored to the petitioner and therefore, he would have no grievance.
4. Learned counsel for the petitioner, Shri Vijay Kumar Mishra states that indeed the area of land owned by the petitioner has been restored to the petitioner.
5. In view of the above, writ petition is disposed of.
Order Date :- 30.8.2019 Madhu