Hon’ble Arvind Kumar Tripathi-II, J.—Petitioners Dr. Virendra Kumar Dixit and Smt. Alka Dixit purchased two plot Nos. 11 and 12, which fall in Khasrea Nos. 348, 349, 350 and 351 of village Faizullaganj, District Lucknow through registered sale-deeds. After execution of sale-deeds, the petitioners got possession and they constructed boundary wall covering these plots. The boundary of village Faizullaganj abuts the boundary of village Mohibullapur, District Lucknow. Certain land of village Mohibullapur was acquired in favour of Lucknow Development Authority for constructing Sector ‘B’ of Priyadarshani Colony. As per layout plan of Sector ‘B’, Priyadarshani Yojana, Sitapur Road, Lucknow (Annexure-1 to the Writ Petition), 6 meter wide road is situated in between the plots of petitioners’ and the chunk of land acquired in favour of Lucknow Development Authority.

2. The petitioners have pleaded that the personnel of Lucknow Development Authority were harassing the inhabitants of Village Faizullaganj on the pretext that the land acquired in favour of Lucknow Development Authority is part of Priyadarshani Nagar Yojana, Mohibullapur. Thus, the Society, ‘Jan Kalyan Lucknow Sahkari Grih Nirman Samiti, Ltd. Lucknow’ from whom the petitioners had purchased the land of aforesaid plots, moved an application for demarcation under Section 41 of the U.P. Land Revenue Act. The land was demarcated and Khasra Nos. 349, 350, 351 of Village Faizullaganj were demarcated, and it was found that there is a road towards east of plot Nos. 349, 350 and 351 of Village Faizullaganj. Village Mohibullapur is located towards east of the above road. Without denying the correctness of the demarcation report and order dated 1.1.2008 passed by the Assistant Collector, one fine morning in the month of March 2005, the officials of Lucknow Development Authority in the garb of digging a ‘Nala’ and also on the pretext of demolishing illegal encroachments, demolished the boundary wall of the petitioners, and that too, without any information or notice to the petitioners.

3. Aggrieved by the action of the Lucknow Development Authority, the petitioners have filed the present petition praying for the following substantive relief :

(i) to issue a writ order or direction in the nature of Mandamus directing the opposite parties not to interfere in the peaceful possession of the petitioners in plot No. 11 and 12 purchased through registered sale-deed dated 19.8.97 from Jan Kalyan Cooperative Housing Society, Lucknow contained in Annexure 2 and 3 to this writ petition without acquisition and notification under Land Acquisition Act.

(ii) ..............

(iii) .............

4. By filing a counter-affidavit, it was not denied that the petitioners are the owners of plot Nos. 11 and 12 comprising of Khasra Nos. 348, 349, 350 and 351 situated in Village Faizullaganj. It was also not denied that an application was moved for demarcating the land under Section 41 of the U.P. Land Revenue Act. It was also specifically admitted that land falling in Khasra Nos. 349, 350 and 351 of Village Faizullaganj is situated in such a way that boundaries of Village Mohibullapur meet the limits of Village Faizullaganj. It was also specifically admitted in para 9 of the counter-affidavit that Khasra Nos. 348, 349, 350 and 351 of Village Faizullaganj are situated on the boundaries of Village Mohibullapur and towards east of the petitioners plots, there is a road. On the east of the road, land of Village Mohibullapur is situated and the land of Village Faizullaganj is on the west side of the road. It was also admitted that the demarcation was approved by the District Collector on 1.1.2008 on the basis of the demarcation report dated 12.12.2007. Apart from that, it was stated in the counter-affidavit that the Lucknow Development Authority is entitled to retain possession over its acquired land and is also entitled to remove illegal encroachments from the land. It was further submitted that the Luckno