HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8392 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard the learned counsel for the petitioners and the learned Standing Counsel who appears on behalf of the State-respondent nos.1 to 4 and Shri Pankaj Gupta, who appears on behalf of the Opposite party no.5-Gram Panchayat. 2. This petition has been filed by the petitioners for the following prayers:- "i) Issue a writ, order or direction in the nature of Mandamus directing the opposite parties not to construct the way/ road, in illegal and arbitrary manner, over the Bhumidhari land Gata No.654 area 0.2870 Hectare, of petitioners situated at Village Ghunahi Budhiyapur (Dhunahi as written in revenue record) Pargana & Tehsil-Mankapur, District-Gonda, which has neither been acquired nor requisitioned till the date and also direct the opposite parties specifically opposite party no. 5 to remove the hume pipe/cement pipe as installed in the land in question, in the interest of justice. ii) Issue a writ, order or direction in the nature of Mandamus commanding and directing to the opposite parties not to deprive to the petitioners from his property except in accordance with law, in the interest of justice. iii) Issue a writ, order or direction in the nature of Mandamus Versus Counsel for Petitioner(s) : Girish Kumar Counsel for Respondent(s) : C.S.C., Pankaj Gupta Ram Piyari And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Rural Development Lko And 4 Others .....Respondent(s) commanding and directing to the opposite party no. 2 to 4 to take appropriate decision on the petitioners application dated 02-08-2025 and direct the opposite party no. 5 to not construct the way/road on the petitioners Land Gata No. 654 area 0.2870 hectare, of petitioners situated at Village Ghunahi Budhiyapur (Dhunahi as written in revenue record) Pargana & Tehsil Mankapur, District Gonda, during the pendency of the writ petition, in the interest of justice. iv) Issue any other such order or direction as this Hon'ble Court may deem just and proper in the circumstances of the case in favour of the petitioners. v) Allow the wit petition with cost." 3. It has been submitted by the learned counsel for the petitioners that the petitioners are the recorded tenure holder of Gata No.654 Area 0.2870 Hectare situated adjacent to village abadi of Village Ghunahi Budhiyapur also known as Dhunahi in Pargana and Tehsil Mankapur, District Gonda. The Respondent no.5, the Gram Pradhan, is constructing a road over land of the petitioners' Gata. Coloured photographs of soil being done and installing of hume pipe has been filed as Annexure-1 to the writ petition. 4. The counsel for the petitioners has also relied upon Revenue Map of the village to show that the Chak road which is being re-soiled and Khadanja laid over it goes adjacent to the petitioners' plot but in crooked manner. Now, the Gram Pradhan is constructing road and installing Khadanja on the Chak marg by straightening it out without acquiring the land of the petitioners, although by straightening the land of the petitioners is being affected. 5. The petitioners have made a Representation to the Sub Divisional Officer, Mankapur, District Gonda, which has not been considered till date. Hence, this petition has been filed by the petitioners with the aforesaid prayers. 6. The writ petition is disposed of with a direction to the Sub- Divisional Officer, Manakapur, District Gonda, to consider and decide WRIC No. 8392 of 2025 2 the application of the petitioners, in accordance with law, within a period of three weeks' from the date a certified copy of this order is produced before him. The Sub Divisional Officer shall also direct the Block Development Officer, Mankapur, to allow construction of Khadanja over Chak marg only on the area demarcated in the Revenue Map for the purpose of Chak marg, in the meantime. September 1, 2025 N.PAL WRIC No. 8392 of 2025 3 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench