By the Court.—Heard Shri Rajeev Mishra, learned counsel for the petitioners Shri C.K. Rai, learned Standing Counsel appearing for the respondent Nos. 1, 2, 3, 6 to 9 and Shri Atul Mehra appearing for respondent No. 10. The petitioners by this writ petition have challenged the survey reports dated 22-6-2009 and 7-6-2009, by which survey report the State authorities have determined that petitioners have encroached on the Varanasi-Ghazipur Road (National Highway No. 29) and the encroached portion which includes the boundary wall has been marked for demolition.

2. Brief facts necessary to be noted for deciding this writ petition are :

The petitioners being husband, wife and son purchased by registered sale deed different portion of land situate in Village Khajuri District Varanasi. The sale deed taken by the petitioners were of Plot No. 64/1 measuring 3261 Sq feet dated 24.2.1998, House No. S-8/460-C situate in Village Khajuri whose Plot No. was 65/1 area 2610 Sq Feet dated 24-2-1998, Plot No. 66/1 measuring 1790 sq feet dated 24.2.1998, Plot No. 64/1 measuring 1803 Sq feet dated 14-7-1999 and House No. S-8/460 Ka-1 area 1360 Sq feet in Plot No. 66/1 dated 12-5-2000. The building plan was submitted by the petitioners before the Varanasi Development Authority (hereinafter referred to as “VDA”) which issued permission letters on 2-5-2002 and 17-5-2002. The petitioners claimed to have made construction of their houses. On 30-8-2004, the officials of the PWD visited the house of the petitioners and demolished the boundary wall claiming it to be encroachment on the road. On 27-8-2004, petitioners had filed Original Suit No. 694/2004 in the Court of Civil Judge, Senior Division, Varanasi for permanent injunction. An ad interim injunction was granted on 14-9-2004. The defendants filed written statement in the suit claiming that the petitioners boundary wall is encroachment on the road land. It was also claimed by the State respondents that earlier the road in front of Plot Nos. 64/2, 65/1 and 66/2 was 8 meters but land was acquired in the year 1956 for widening of the road on the left side where the above plots are situated. It was also submitted that the notification has also been issued under sub-section (1) of Section 3 of the U.P. Roadside Land Control Act, 1945 (hereinafter called the “Act, 1945”) notifying 220 feet from the centre line of the road within the controlled area. The trial Court vide its judgment and decree dated 16-1-2008 decreed the suit injuncting the defendants from interfering with the construction of the plaintiffs and further restraining the defendants not to demolish the construction till clear demarcation is made of the acquired land of Plot Nos. 65/1, 66/1 and 66/2. It was further ordered that after the measurement it will be open for the defendants to remove any construction on the acquired land and to include it in the road. Proceedings under the Act, 1945 which were initiated were dropped after the judgment and decree by the Civil Court. Petitioners case further is that on 24-5-2009, opposite parties dug a pit alongwith boundary wall of the petitioner in front of the entrance/exit gate blocking the entrance of the petitioners. Petitioners said to have submitted a representation on 25-5-2009 to the Executive Engineer and thereafter filed Civil Misc. Writ Petition No. 5300 (M/B) of 2009 (Dr. S.N. Sharma and another v. State of U.P. and others) in the Lucknow Bench of this Court on 5.6.2009. The said writ petition was disposed of vide order dated 12-6-2009 on the statement of the learned Chief Standing Counsel that the opposite parties are ready to get the demarcation of the land done in presence of the petitioners by the Revenue Authorities which shall start from 22-6-2009. The Court directed that till then status quo be maintained in the land in dispute. After the order of the Division Bench of this Court dated 12-6-2009, measurement started on 22-6-2009. Petitioners were called in the measurement an