Neutral Citation No. - 2025:AHC-LKO:14409-DB Court No. - 2 Case :- WRIT - C No. - 2079 of 2025 Petitioner :- Surendra Mohan Respondent :- State Of U.P. Thru. Prin. Secy. Rural Development U.P. Lko. And 7 Others Counsel for Petitioner :- Anil Kumar Tiwari Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Heard. The petitioner alleges encroachment of his abadi land bearing Gata No.591Sa situated at Village Rudrapur Bisen, Pargana Gonda, Tehsil Gonda, District Gonda by the opposite party No.6 for construction of a nala. The Gata appears to be a minjumla Gata which is recorded in separate khatas, therefore, it appears that there is a theoretical division but we do not know as to whether actual division by metes and bounds has taken place or not. The opposite party No.6 should first of all ascertain as to whether the land, on which nala is sought to be constructed, is bhumidari land or a land on which it is permissible to undertake such construction. It would be better if the Sub Divisional Magistrate, Tehsil Gonda, District Gonda gets on the spot inspection conducted and gets the matter inquired so as to resolve the dispute as far as permissible in law, which would necessarily include a division of holdings by metes and bounds unless ofcourse the khatedars agree to some settlement or arrangement amicably or the facts are otherwise than as stated by the petitioner and noticed herein above. If the existing nala is being cleaned (not widened) then of course the situation would be different. If there is any encroachment on the sarkari nala then that can also be removed but the bhumidari land of the petitioner should not be affected unless it is acquired or purchased as per law. Let this exercise be completed within four weeks. The opposite party No.6 shall also be heard apart from the such other persons who may be affected. The Writ Petition stands disposed of. (Om Prakash Shukla,J.) (Rajan Roy) Order Date :- 10.3.2025/Saurabh Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench