HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9090 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 for the State Respondents and Sri Suneel Kumar Singh Kalhans, Advocate who has filed his vakalatnama on behalf of the opposite party no.4, which is taken on record. 2. This writ petition has been filed with the following main prayers:- "i.. Issue a writ, order or direction in the nature of MANDAMUS thereby commanding the Opp. Parties specially the opp. party No. 2 & 3 to remove the illegal wire and pillar of the opp. party No.4 form the Sahan/Rasta of land Gata No. 940/0.070 hec. situated at village Magarsankala, post Magarsankala, Tehsil Kadipur, District Sultanpur. With immediate effect." 3. It is the case of the petitioner that she is the recorded tenure holder of Gata No. 940/0.070 hect. situated in village Magarsankala, post Magarsankala, Tehsil Kadipur, District Sultanpur and she had filed a case under Section 24 of the U. P. Revenue Code, 2006 before the Sub- Divisional Magistrate, Kadipur with respect to demarcation of her land in which the Sub-Divisional Magistrate has approved the preliminary demarcation report by his order dated 25.03.2021 and physical possession had also been handed over to the petitioner on 02.12.2021. Now the opposite party no.1 has installed a wire in front of the house of the Versus Counsel for Petitioner(s) : Rajesh Kumar Shukla, Kaushlendra Pratap Singh, Yogesh Prajapati Counsel for Respondent(s) : C.S.C. Kusum .....Petitioner(s) State Of U.P. Thru. The Distt. Magistrate Sultanpur And 3 Others .....Respondent(s) petitioner and obstruct the rasta of the petitioner forcefully. The petitioner has moved an application under Paragarph 460 of the U.P. Revenue Code Manual before the Sub-Divisional Magistrate. The Sub-Divisional Magistrate has returned the application of the petitioner by saying that she should approach the High Court. 4. Learned Standing Counsel for the State Respondents has produced before this Court written instruction dated 15.09.2025 sent by the Sub- Divisional Magistrate, Kadipur, Sultanpur wherein it has been stated that Gata No. 940 is adjacent to Gata No. 938Ka admeasuring 0.0890 hectare which is recorded in the name of other private persons and they had also filed an application under Section 30(2) of the U.P. Revenue Code, 2006, bearing Case No. D202504680004757, 'Shivkumari and Others Vs. Gram Panchayat and Others', where the Court had fixed the date of 03.09.2025 and directed that the respondents therein shall not change the nature of the land in dispute. The next date fixed in the matter is 22.09.2025. 5. The written instructions are kept on record. 6. It has also been submitted on the basis of report of the Tehsildar, Kadipur that the petitioner's rasta has not been obstructed in any manner as Gata No. 940 is adjacent to the main road. There is a dispute regarding boundary between the co-tenure holders. The petitioner has been informed that she should maintain status quo till further orders of the Court under Section 30(2) of the U.P. Revenue Code, 2006. 7. Accordingly, the writ petition stands disposed of with liberty to the petitioner to approach the appropriate authority where the case under Section 30(2) of the U.P. Revenue Code, 2006 is pending. In case the private respondent no.4 is resorting to any encroachment against the order passed by the Sub-Divisional Magistrate under Section 24 of the U.P. Revenue Code, the petitioner has remedy of approaching the Tehsildar concerned under Section 26 of the U.P. Revenue Code. September 16, 2025 Darpan Sharma WRIC No. 9090 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench