Neutral Citation No. - 2025:AHC-LKO:36219-DB Court No. - 2 Case :- WRIT - C No. - 6064 of 2025 Petitioner :- Ramjan Ali Alias Ramjan Ali Taluq Ali Shaikh Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. And 5 Others Counsel for Petitioner :- Sabir Ali Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Alok Mathur,J. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Shri Sabir Ali, learned counsel for the petitioner, learned Standing Counsel on behalf of respondents no.1 to 4 and Shri Mohan Singh, who has accepted notice on behalf of the respondent no.5. 2. The dispute in the present case pertains to Gata No.420 situate in Village - Bhagtipur, Gram Panchayat - Pasiyapara, Pargana - Aldemau, Block - Akhandnagar, Tahsil - Kadipur, District Sultanpur which is recorded as a chakmarg in the revenue record. The grievance of the petitioner is that despite the said gata number being shown as a chakmarg and a decision has been taken by the Gram Panchayat for construction of kharanja marg, no action has been taken by the respondents. 3. Attention of this Court has also been drawn to an order dated 04.01.2024 passed by the SDM, Kadipur which also indicates that Gata No.420 in the said village is recorded as a chakmarg but there are certain illegal encroachment over the said land which is also causing obstruction to the villagers and accordingly, a recommendation has been made for removal of the encroachment. It has been submitted that the despite the order dated 04.01.2024, no action has been taken by the State authorities to remove the illegal encroachment and also for construction of the Kharanja marg. 4. Counsel for the respondents submits that the illegal occupants can only be evicted by following the procedure prescribed under Section 26 of the U.P. Revenue Code and once the encroachments are removed, then the prayer of the petitioner for construction of kharanja marg can be duly considered. 5. Accordingly, with the consent of the parties, the petition is disposed of with liberty to the petitioner to move an appropriate application under Section 26 of the U.P. Revenue Code to the competent authority. On receipt of the said application, the authority concerned shall proceed expeditiously and decide the same in accordance with law. In case, it is found that the said chakmarg has been encroached, an appropriate action shall be taken and once the illegal occupants are evicted, then the case for construction of kharanja shall be considered expeditiously thereafter. 6. With the aforesaid direction, the petition stands disposed of. (Arun Kumar Singh Deshwal,J.) (Alok Mathur,J.) Order Date :- 24.6.2025 KR Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench