HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 7993 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the petitioners, learned Standing Counsel for the State respondents and Sri Mohan Singh, learned counsel for the Gaon Sabha concerned. 2.This petition has been filed with the following main reliefs: "i) Issue a writ, order or direction in the nature of mandamus commanding the opposite parties to stop the construction which is going on by the Village Pradhan on the Bhumidhari Land of petitioner regarding Gata No. 488-च area 0.1020. ii) Issue a writ, order or direction in the nature of Mandamus Commanding the Opposite Parties to remove the (खडंजा) and Naali if any completed on the Bhumidhari land of Petitioners regarding Gata No. 488-च area 0.1020 and also direct the competent authority to pay the compensation to the petitioners for harassment by the village Pradhan." 3. It has been submitted by learned counsel for the petitioners that the petitioners are recorded tenure holders of Gata no.488Cha, admeasuring 0.1020 hectare in Village Chaukia (Chanda), Tehsil Lambhua, District Sultanpur, as is evident from the Khatauni issued for 1427-1432 Fasli (1.7.2019 to 30.6.2025). It has been submitted by learned counsel for the petitioners that the Gram Pradhan, out of enmity/political rivalry, has started construction of naali/khadanja road under MNREGA over the land of the petitioners without acquisition and payment of compensation. The petitioners have also filed a Suit regarding encroachment being done by some other villagers on their land, which Suit No.1094 of 2022 (Ravi Pratap Singh Vs. Smt. Janki Devi and others) is pending before the Civil Judge (Senior Division), Room no.24, Sultanpur with a prayer for permanent Versus Counsel for Petitioner(s) : S.P. Singh Somvanshi, Shailesh Kumar Singh Counsel for Respondent(s) : C.S.C., Mohan Singh Ravi Pratap Singh And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue Deptt. U.P. Lko. And 4 Others .....Respondent(s) injunction against the defendants. It has been submitted that as per Revenue Map of the village concerned, there is no road and khadanja in existence. However, the Gram Pradhan has forcibly started such constructions. The petitioners had moved an application on 29.7.2025 before the District Magistrate, Sulatanpur and D.P.R.O., Sultanpur. However, the Gram Pradhan completed the work of naali and started the work of khadanja road on the Gata of the petitioners, as there was no heed paid to their representation. 4. Learned Standing Counsel for the State-respondents has produced before this Court the instructions sent by the Joint Magistrate/Sub Divisional Officer, Lambhua, Sultanpur, wherein it has been stated that Gata no.488 is a very big khata, which has several minjumla khatas. Gata no.488Ka/01340 hectare is recorded in the name of Raghunath and others; Gata no.488Kha/0.1430 hectare is recorded in the name of Mangala Prasad and others; Gata no.488Kha/0.1300 hectare is recorded in the name of Bhupendra and others; Gata no.488Ga/0.0950 hectare is recorded in the name of Vijay Kumar and others; Gata no.488Da/0.3210 hectare is recorded in the name of Anil Kumar and others; Gata no.488Cha/0.1020 hectare is recorded in the name of petitioners-Ravi Pratap, Sanjay and others; Gata no.488Chha/0.0780 hectare is recorded in the name of Jagdish Prasad and others and Gata no.488Ja/0.0560 hectare is recorded as Abadi under Category 6(2) in the revenue records. No actual physical partition has taken place of the said Gata no.488 and the petitioners had filed Suit no.D0202304680003383 (Ravi Pratap Vs. Sanjay and others) under Section 30(2) of the U.P. Revenue Code, 2006 for actual physical partition of Gata no.488Cha and 488Ja, the land adjacent to the petitioners' land. The recorded tenure holders of Gata no.488Ja also and others villagers had asked for actual physical partition, but on 18.9.2024, the Chief Revenue Officer had rejected such application on the ground that since it is a minjumla khata, which has Abadi on it, actual physical partition cannot be conducted. There are 25-30 residential houses on such Gata, which is a very big Gata of almost 10 Bighas and khadanja road is being constructed by the Gram Pradhan on the land, that lies in between such residential houses and is being used as public raasta/public way since long. At the time of such construction, the co-tenure holder Janki Devi wife of Ayodhya Prasad, Krishna Kumari wife of Ashok Kumar and Indrawati wife of Ramsukh, have also given in writing that they did not have any objection to such construction being WRIC No. 7993 of 2025 2 carried out in furtherance of public purpose. It has been submitted by learned counsel for the State that after the application of the petitioners under Section 30(2) of U.P. Revenue Code, 2006 was dismissed on 18.9.2024, they had a remedy of filing an appeal/revision before the Commissioner. 5. Learned counsel for the petitioners, at this stage, submits that petitioners have already filed a revision before the Commissioner on 3.7.2025. 6. There is no pleading with regard to filing of case under Section 30(2) in the writ petition and of its dismissal on 18.9.2024 and filing of revision by the petitioners on 3.7.2025. 7. We find that disputed question of facts are involved in this case, which cannot be adjudicated in extraordinary writ jurisdiction only by means of affidavit. 8. The writ petition is dismissed. August 25, 2025 Sachin WRIC No. 7993 of 2025 3 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench