Neutral Citation No. - 2025:AHC-LKO:48158-DB Court No. - 2 Case :- WRIT - C No. - 7876 of 2025 Petitioner :- Mahranidin Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue Lko. And 5 Others Counsel for Petitioner :- Lalji Yadav,Vishnu Prakash Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents and Mohd. Talib Khan, holding brief of Sri Pankaj Gupta, learned counsel for the respondent No.6, Gram Panchayat. This writ petition has been filed seeking following main relief:- "(i) Issue a writ, order or direction in the nature of mandamus commanding and directing the opposite parties to remove the illegal constructed khadanja road over the bhumidhari land of petitioner i.e. Gata No.458M situated at Village Gahri, Pargana Sadar, Tehsil Lalganj, District Pratapgarh, the said land is recorded in the name of petitioner in revenue records." It has been submitted by learned counsel for the petitioner that the petitioner is a recorded tenure holder of Gata No.458M situated at Village Gahri, Pargana Sadar, Tehsil Lalganj, District Pratapgarh and the Gram Pradhan of the Village has constructed a khadanja/interlocking tiles road over the land of the petitioner. The petitioner has moved several representations, which have not been considered and hence this writ petition has been filed. Learned Standing Counsel has written instructions sent by the Sub Divisional Magistrate, Tehsil Lalganj, District Pratapgarh, wherein it has been stated that Gata No.458 has been shown in CH form 45 as Minjumla number and category 1Ka i.e. the petitioner is recorded tenure holder of such land. As per records, Gata No.458M/0.313 Hectare is recorded in the name of Maharani Deen S/o Chhitanu and Gata No.458Kha/0126 Hectare and Gata No.458M/0.093 Hectare is recorded in the name of Ramdev S/o Bhavanibheekh as bhumidhar with transferable rights. On the said land, the petitioner as well as co-tenure holders have constructed their house and they are using it as their sahan. Gata No.458 is bounded on the eastern side by Village Handaur Abadi and an interlocking tiles road has been constructed on Gata No.458 from the house of the petitioner in East-West direction to enable the villagers to proceed to and fro from Village Gahri to Village Handaur. The instructions are taken on record. In the said instructions, there is no denial of the fact that Gata No.458 and its Minjumla khatas are recorded in the name of petitioners and other co-tenure holders. There is no mention in the said instructions regarding any acquisition of the land of the petitioner and payment of compensation. The Sub Divisional Magistrate, Lalganj, Pratapgarh shall ensure that the interlocking tiles road is removed from the land of the petitioner and the Village Pradhan of Gram Panchayat Handaur is issued a show cause notice for using money from the public exchequer / Gram Sabha money to construct the interlocking tiles road over the land of the petitioner without due procedure/acquisition of such land. The writ petition stands partly allowed to this extent. (Brij Raj Singh,J.) (Sangeeta Chandra,J.) Order Date :- 18.8.2025 Saurabh Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench