Neutral Citation No. - 2025:AHC-LKO:3778-DB Court No. - 2 Case :- WRIT - C No. - 536 of 2025 Petitioner :- Vimla Devi And 2 Others Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. U.P. And 5 Others Counsel for Petitioner :- Rajeev Kumar Dwivedi Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Rajan Roy,J. Hon'ble Manish Kumar,J. 1. Heard Shri Rajeev Kumar Dwivedi, learned counsel for the petitioners, Ms. Akansha Dubey, learned Additional Chief Standing Counsel for the State and Shri Mohan Singh, learned counsel for the Gaon Sabha. 2. The petitioners' claim is that theoretical division of Gata No. 775 situated at Village- Ahiraula, Pargana- Chanda, Tehsil- Lambhua, District- Sultanpur has taken place and they are the bhumidhar of Gata No. 775K and 775Kha, however, learned counsel for the petitioners has not annexed the khatauni pertaining to Gata No. 775Kha. 3. Ms. Akansha Dubey, learned Additional Chief Standing Counsel on the other hand says that Gata No. 775Kha is recorded as 'Navin Parti' and is not the bhumidhari land of the petitioners. She further says that a 'kachcha rasta' was already existing on Gata No. 775 and it is only on that existing 'kachcha rasta' that interlocking tiles are being put, however, she fairly submitted that an application for physical division of Gata No. 775, 775Ka and Gata No. 775Kha is pending and the said exercise has not been completed. 4. We are of the opinion that first of all the division of holdings by metes and bounds should take place and thereafter, it should be ascertained as to whether interlocking is being put on some alleged rasta existing on the petitioners' bhumidhari land or on some other land. If it is on 'navin parti' land, then, there would be no difficulty in proceeding to undertake aforesaid exercise, however, if it is to be done on petitioners' bhumidhari land, then, merely because there is a pre existing rasta, can be no ground for undertaking said exercise unless the petitioners consent to it or they are suitably compensated for the same. 5. Let the exercise of physical division of holding be completed at the earliest, say, within a period of two months unless there is any legal impediment. 6. With the aforesaid observations/ directions, the writ petition is disposed of. . (Manish Kumar,J.) (Rajan Roy,J.) Order Date :- 21.1.2025 R.K.P. Digitally signed by :- RAJ KUMAR PATEL High Court of Judicature at Allahabad, Lucknow Bench