HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8181 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the petitioner, learned Standing Counsel appearing for the State-respondent Nos. 1 to 4, Shri Pankaj Gupta, learned counsel for 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 commanding the opposite parties nos. 2 to 4 to get removed the chak marg forcibly constructed by the opposite party no. 5 over the bhumidhari land of the petitioner Gata No.441 area 0.1330 hectare situated in village Valipur, Bodwa, Tehsil Lalganj, District Pratapgarh in accordance with law within time stipulated by this Hon'ble Court." 3. It has been submitted by learned counsel for the petitioner that father of the petitioner Ram Lakhan, Son of Mata Badal was recorded tenure holder of Gata No.441 area 0.1330 hectare situated in Village Valipur Bodwa, Tehsil Lalganj, District Pratapgarh. After his death, the petitioner's name was entered in the revenue record. The area in question is recorded as Bagh with half share being that of the petitioner's father. Forms CH 41 and 45 were also issued in the name of father of the petitioner. The opposite party no.3, Sub- Divisional Officer, Lalganj was approached by the petitioner by submitting an application saying that the field of the petitioner is being utilized for constructing chak marg by Gram Panchayat. On such application, the Revenue team visited the site and Tehsildar reported that bhumidhari land of the petitioner has been used to lay down Kharanja marg. Copy of the report submitted by the Revenue team has been collectively filed as Annexure 6 to the petition. The petitioner moved an application again to the Sub-Divisional Officer and also to the District Magistrate to remove such Kharanja marg from his land, but no heed has been paid therefore, this writ petition has been filed. 4. Shri Pankaj Gupta, has argued on the basis of Revenue Map of the Village, Versus Counsel for Petitioner(s) : Ram Sajiwan Yadav, Ram Raj Ojha Counsel for Respondent(s) : C.S.C., Pankaj Gupta Rajendra Bahadur Yadav .....Petitioner(s) State Of U.P. Thru. Its Addl. Chief Secy./Prin. Secy. Deptt. Of Revenue Lko. And 4 Others .....Respondent(s) copy of which has been filed at page 16 of the paper book that in between Gata Nos.441 and 443 is a narrow strip of land mentioned as Gata No.442 which is shown as chak marg. It appears that the petitioner had encroached upon this chak marg. Now after Village Development Plan has been approved, Kharanja marg has been held over Gata no. 442 only which is shown as chak marg in the map of the village concerned. 5. It has been submitted that as per the report which has been submitted to the authorities, which has been collectively filed as Annexure 6 to the writ petition, it appears that since the land of the petitioner is near the boundary of the Village-Mustafabad, certain land belonging to the petitioner have been taken by the Gram Panchayat, Mustafabad for constructing kharanja marg. No allegation has been made against Gram Panchayat Valipur, which has been impleaded as respondent no. 5. The Gram Panchayat-Mustafabad has not been impleaded in the writ petition as a respondent. 6. The writ petition is disposed of with a direction to the Sub-Divisional Officer, Lalganj to look into the grievance of the petitioner regarding taking away of his land for the purpose of construction of kharanja marg by Village Panchayat/Gram Pradhan of Village Mustafabad. The actual physical demarcation of chak marg, if any, shall be ensured and the Sub-Divisional Officer, after on the spot inspection shall issue orders for removal of kharanja if any, laid on the petitioner's land within a period of four weeks from the date of certified copy of this order is produced before him. August 26, 2025 Pks WRIC No. 8181 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench