HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8126 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 appearing on behalf of the State Respondents and Sri Mohan Singh, learned counsel appearing on behalf of the Gaon Sabha. 2. This petition has been filed with the following main prayers:- "Issue a writ order or direction, in the nature of MANDAMUS, thereby commanding the opposite parties particularly opposite party no. 2 i.e. Sub-Divisional Magistrate, Tahsil- Bikapur, District- Ayodhya for completing the Earth Work (patai) on Chak Marg No. 224, situated between Village-Majruddinpur and Village- Khajurahat, Tahsil- Bikapur, District- Ayodhya on which the Earth Work (Patai) has been started by the Gram Pardhan but all of sudden the work stopped by the opposite party no. 2, vide its oral order, in the interest of justice. Issue a writ order or direction, in the nature of MANDAMUS, thereby commanding the opposite parties particularly opposite party no. 2 i.e. Sub-Divisional Magistrate, Tahsil- Bikapur, District- Ayodhya to allow to the opposite party no. 6 to do earth work on the Chak Marg No. 224, situated at Village- Majruddinpur, Tahsil- Bikapur, District- Ayodhya, which is already recorded as "RASTA" in the revenue records, which is running in Gata No. 1161 which is Versus Counsel for Petitioner(s) : Rakesh Kumar Singh Counsel for Respondent(s) : C.S.C., Mohan Singh Avinash Singh And Another .....Petitioner(s) State Of U.P. Thru. Collector Distt. Ayodhya And 6 Others .....Respondent(s) gata of petitioners but after paimaish/ demarcation the aforesaid road shifted to its original position for which the revenue authority marked and the Gram Pradhan started work on the chak marg no. 224, in the interest of justice." 3. It has been submitted by learned counsel for the petitioners that the petitioners are the recorded tenure holders of Gata No. 1161 kha situated in Village Majruddinpur, Pargana Pachchim Rath, Tehsil Bikapur, Ayodhya. Gata No.1161 Ka has been recorded in the name of one Govind of the same village. Gata No.1161 ga has been recorded as Pond in the revenue records of the same village. A chak marg 224 has been recorded has raasta betwen two Gaon Sabhas i.e. Village Majruddinpur and Village Khajurahat of Tehsil Bikapur, Ayodhya. The Chak marg is being utilized for going from one village to the other. The petitioners had moved a representation on 17.05.2025 requesting to demarcate chak marg 224 as per revenue record and to remove illegal encroachment on Gata No.1161 belonging to the petitioners, which was being used as raasta. On the application of the petitioners, an order was passed on 27.05.2025. A four member Revenue Team was constituted for demarcation of chak marg no. 224. The Revenue Team made on the spot inspection and carried out measurement and demarcation and prepared a report on 02.06.2025, wherein it has been mentioned that raasta was found on Gata No.1161 i.e. the Gata belonging to the petitioners. The chak marg on revenue map in Gata No.224 was also demarcated but the earth work is now being done on the petitioners' Gata and not on the chak marg. The private respondent no.7- Arvind Kumar is in illegal possession/ has encroached upon land of chak marg. The petitioners have moved an application for vacation of their Gata No.1161 by removing khadanja laid on it by the Gram Pradhan, but nothing has been done in the matter and, therefore, this petition has been filed. 4. Learned Standing Counsel has produced before this Court instructions sent by the Tehsildar Bikapur, Ayodhya, dated 23.08.2025 which have also been signed by the Revenue Inspector and the Area Lekhpal of Khujarahat. From the same, it is evident that Gata No.224 is a public raasta which is situated between the boundary of Village Khajurahat and Village Majruddinpur. Gata No.224 was not found to be situated on the WRIC No. 8126 of 2025 2 spot as mentioned in the revenue map which shows it to be lying between Ayodhya to Prayagraj Road on the east and railway line on the west. The Khadanja marg has been laid on petitioners' Gata No. 1161. The petitioners have also filed a case under Section 30(2) of the U.P. Revenue Code which is pending before the Court of Additional District Magistrate (Finance & Revenue) numbered as D202504230003151. No construction is being carried out at present. The Revenue officials are awaiting the decision of the case filed by petitioners. 5. Let the case filed by petitioners be decided expeditiously as possible, say, within a period of two months from the date a copy of this order is produced before the Authority concerned. Since two revenue teams have found the khadanja to be constructed on petitioners' land i.e. Gata No.1161, the Authorities i.e. Sub Divisional Magistrate, Tehsil Sadar, District Ayodhya, shall ensure that the khadanja marg over the land of the petitioners is removed and it is laid properly on Gata No.224 which is recorded as raasta after decision in the case pending under Section 30(2) of the U.P. Revenue Code as aforesaid. 6. The writ petition is accordingly disposed of. August 26, 2025 Rahul WRIC No. 8126 of 2025 3 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench