Neutral Citation No. - 2025:AHC-LKO:43931-DB Court No. - 2 Case :- WRIT - C No. - 6839 of 2025 Petitioner :- Ram Dutt Chaubey And Another Respondent :- State Of U.P. Thru. Addl. Chief Secy. Public Works Deptt. Lko. And 3 Others Counsel for Petitioner :- Prabhat Kumar Upadhyay,Pragya Pandey,Rama Shankar Mishra Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Jaspreet Singh,J. Heard Shri Prabhat Kumar Upadhyay, learned counsel for the petitioners and Ms. Akansha Dubey, learned Additional Chief Standing Counsel for the State. As regards the initial utilization of land by the State Authorities which was the subject matter of the first writ petition bearing Writ Petition No. 32520 (M/B) of 2019 the writ petition was dismissed on account of absence of proper explanation for the delay of 14 years, as, the land had been utilized in 2006, however, liberty was granted to file a fresh writ petition which would obviously mean that in the fresh writ petition which was to be filed the delay would have to be explained, however, as of now, we are not satisfied about any such writ petition having been filed, as, the memo of the subsequent writ petition bearing Writ - C No. 8286 of 2022 and Writ - C No. 2813 of 2024 is not before us. In the subsequent writ petitions it appears that some widening of the road which was constructed sometime in 2006, was taking place in 2021 and therefore, the Court left it open to seek demarcation of the land under Section 24 of the U.P. Revenue Code, 2006 which was undertaken, but, after the said report/order under Section 24 of the U.P. Revenue Code, 2006 Writ - C No. 2813 of 2024 was filed, though, we are not aware of the prayer made therein and the same came to be disposed of wherein order dated 17.11.2023 passed under Section 24 of the U.P. Revenue Code, 2006 and the report dated 08.08.2023 were quashed with a direction to the Sub-Divisional Magistrate, Colonelganj, Gonda to hold fresh proceedings under Section 24 of the U.P. Revenue Code, 2006 which were held and another order was passed on 22.04.2025, according to which, some portion of Gata No. 542 and 553 in respect of which petitioners claim to be recorded as bhumidhars was used for construction of a 'pucca' road, however, the order says that in view of the said construction the possession can not be given to the petitioners. The fact remains that the road was constructed in 2006 and the first writ petition was dismissed on the ground of delay and laches but with liberty to file a fresh. Thereafter, there has been no adjudication about the delay and laches in approaching the Court and this is the 4th writ petition before us. Assuming that any widening of the said road took place in 2021, though, it is the case of the learned Additional Chief Standing Counsel for the State that no widening took place rather upgradation took place. There is nothing before us to establish that widening took place and in addition to the land utilized in 2006 some more land was utilized. The report dated 08.08.2023 also does not dwell on this aspect of the matter and in fact, it could not, considering the nature of the proceedings. Moreover, Ms. Akansha Dubey, learned Additional Chief Standing Counsel for the State says that in the earlier writ petition the petitioners had admitted to verbal consent for construction of the road in 2006 in the reports which are on record, a fact which has not been specifically denied before us. One of the reports is annexed at Page 25 which is signed 20.12.2021. Looking into the disputed questions of facts it is not possible for us to adjudicate the aforesaid issue or consider the relief prayed for. The writ petition is disposed of as we are not inclined to exercise our extraordinary jurisdiction under Article 226 of the Constitution of India. . (Jaspreet Singh,J.) (Rajan Roy,J.) Order Date :- 30.7.2025 R.K.P. Digitally signed by :- RAJ KUMAR PATEL High Court of Judicature at Allahabad, Lucknow Bench