Neutral Citation No. - 2025:AHC-LKO:47076-DB Court No. - 2 Case :- WRIT - C No. - 7662 of 2025 Petitioner :- Suray Narayan Verma Respondent :- State Of U.P. Thru. Panchayati Raj U.P. Lko. And 4 Others Counsel for Petitioner :- Suresh Chandra Srivastava Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioner, learned Additional Chief Standing Counsel, who appears for the State-respondents, Shri Mohan Singh, learned counsel for the Gram Sabha/respondent no.5 and perused the record. 2. This writ petition has been filed by petitioner with following main prayers: "(i) Issue a writ order or direction in the nature of Mandamus, directing to the O.P. No 5/ Gram Sabaha, not to construct the road on the tenure holding of the petitioner Gata No 299 in Gram Sabha Gharwaspur, Pargana Chanda, Tahsil Lambhuwa, Police Station -Lambhuwa, District - Sultanpur, in the interest of the Justice. (ii) Issue a writ, order, or direction restraining the Gram Sabha from taking any coercive step including construction or alteration over petitioner's land Gata No. 299 without lawful authority or due process of law as held in State of U.P. v. Manohar. (iii) Issue a writ, order or direction in the nature of Mandamus directing to the authorities concern to ensure to take action and decide the representation of the Petitioner, pending in disposed before him." 3. It has been submitted by learned counsel for the petitioner that the petitioner is the permanent resident of Village Gharwaspur, Pargana Chanda, Tahsil Lambhuwa, District - Sultanpur and he is the recorded tenure holder of Gata No.299. One Original Suit No.1257 of 2004; Ram Sewak versus Ram Siromani & Others is also pending in the court of Civil Judge, Sultanpur, wherein Civil Revision No.57 of 2005 was filed, therein the revisional court vide order dated 30.04.2005 had directed the parties to maintain status quo over the land in dispute. All the co-sharers of the land have filed written statement. Ignoring pendency of the original suit, respondent nos.4 and 5 have started illegally constructing the road. The petitioner has moved an application to the Sub Divisional Magistrate, Tahsil Lambhuwa, District - Sultanpur on 28.11.2024, but no heed has been paid. Hence, this writ petition has been filed. 4. Learned Additional Chief Standing Counsel has produced before this Court the instructions sent by the Tehsildar, Tahsil Lambhuwa, District - Sultanpur dated 31.07.2025, wherein it has been stated that the petitioner is the co-tenure holder of Gata No.299, adjacent to the said gata is Gata No.304/1.1760 hectare. Within said gata is minjumla No.304Ka/0.0250 hectare is recorded as 'banjar' and Gata No.304Kha/1.1510 hectare shown under the category of 6(2) 'abaadi'. The Revenue Inspector and the Lekhpal had conducted on spot inspection and inquiry in the matter, wherein both gatas were found to be covered by 'abaadi' and being used for coming and going by the villagers. On such Gata Nos.304, 304-ka and 304-Kha being used as public way by the villagers since long. The Gram Pradhan has constructed a road about one year ago by laying interlocking tiles. It has been stated therein that no construction is being carried out on Gata No.299/0.0510 hectare, which belongs to the petitioner, copy of the spot memo has been enclosed to the said instructions. The instructions are taken on record. 5. Shri Mohan Singh, learned counsel appearing for Gram Sabha/respondent no.5 on the basis of instructions and also on the basis of application filed by the petitioner as Annexure Nos.5 and 6 also says that the petitioner has admitted that the road in question has been in existence for the past 25-30 years. The Gram Pradhan may have repaired/re-soil the said public road in 'abaadi' area. The road has been repaired and is in existence on Gata no.298, whereas the petitioner is the tenure holder of Gata No.299. 6. This writ petition is disposed of accordingly. . (Brij Raj Singh,J.) (Sangeeta Chandra,J.) Order Date :- 12.8.2025 Anupam S/- Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench