Neutral Citation No. - 2025:AHC-LKO:14018-DB Court No. - 9 Case :- WRIT - C No. - 2197 of 2025 Petitioner :- Umashankar Alias Umashankar Srivastava And 5 Others Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue Lko. And 11 Others Counsel for Petitioner :- Anurag Pathak,Anju Vaishya,Sarojani Misra Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for the State Respondents and Sri Pankaj Gupta, Advocate appears for the Gram Sabha. 2. This writ petition has been filed with the following main prayers:- "I. Issue a writ, order or direction in the nature of Mandamus commanding the respondent authorities not to construct road/Kharanja over the petitioners' land gatas No.919/0- 0300hect. & 921M/0-0160 hectare situated at village Jihura Mafi, Ramgadhi, Tehsil Mahasi, Police Station Baundi, District Bahraich without adopting due procedure of law of acquisition and without providing compensation to the petitioners. II. Issue a writ, order or direction in the nature of Mandamus commanding the respondent to stop the private respondents from creating obstables in construction of the petitioners over their land gatas No.919/0-0300hect. & 921M/0-0160 hectare situated at village Jihura Mafi, Ramgadhi, Tehsil Mahasi, Police Station Baundi, District Bahraich. " 3. In view of the order proposed to be passed issuance of notice to the private respondents no. 6 to 12 is dispensed with. 4. It is the case of the petitioners that they are the recorded bhumidhari land of certain abadi land situated in Village Jihura Mafi, Ramgadhi, Tehsil Mahasi, Police Station Baundi, District Bahraich, but the private respondents are encroaching upon their land and they are also not permitting to the petitioners to raise any construction thereon. At the instance of the private respondents, the Gram Pradhan has started construction of Kharanja over Gata No. 919, 921M, which are recorded in the name of the petitioners. 5. Sri Pankaj Gupta, on the basis of instructions, says that Kharanja Marg is being constructed on Plot No. 922 and not on Plot No. 919 and 921M and there is a private dispute between the petitioners and the opposite parties no. 6 to 12, as is evident from the perusal of annexure-05 which relates to an order passed on 18.12.2024 in Case No. 9038 of 2024 under Section 152 of the B.N.S.S. The Chief Judicial Magistrate, Mahasi is already seized of the matter. 6. Learned Standing Counsel for the State has also pointed out that this writ petition related to disputed questions of fact. 7. Having gone through the contents of the writ petition, we are of the considered opinion that the petitioners may approach the competent Revenue Court/Civil Court for declaration in their favour with regard to the dispute of Gata No. 919 and 921M which according to the petitioners is being claimed by them as recorded Bhumidhari Land. 8. Accordingly, the writ petition stands disposed of. Order Date :- 7.3.2025 Darpan Sharma Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench