HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9092 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE MANJIVE SHUKLA, 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 5 and Shri Yogesh Kesarwani, Advocate, who has filed his Power on behalf of the Opposite party no.6. 2. This petition has been filed by the petitioners for the following prayers:- " i) quash the impugned order dated 06 September 2025 passed by O.P. No. 3 contained in Annexure No. 1 to this writ petition. ii) issue a writ, order or direction in the nature of Mandamus commanding thereby to opposite parties concerned not to put any earth on the private land of the petitioners i.e. Gata no. 985 Village- Dadrauli Bhawanipur, Pargana-Dariyabad, Tehsil- Sirauli Gauspur, District- Barabanki. iii) any other writ, order or direction this Hon'ble Court deem fit under the facts and circumstances of the case may also be issued in the interest of justice. iv) allow the writ petition with cost." Versus Counsel for Petitioner(s) : Manoj Kumar Gupta, Durgesh Kumar Awasthi Counsel for Respondent(s) : C.S.C. Arun Kumar And 2 Others .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Revenue Deptt. Lko. And 5 Others .....Respondent(s) 3. It is the case of the petitioners that by the impugned order, on the basis of a report submitted by the Tehsildar dated 06.09.2025, a direction has been issued to the Block Development Officer, Sirauli Gauspur by the Sub-Divisional Magistrate, Sirauli Gauspur, Barabanki, to get constructed remaining 17 Meters of Chak Marg of Gata No.66/0.024 Hectare of Village Khajuria. It is submitted that the remaining 17 Meters that have been mentioned in the report of the Tehsildar and in the order impugned does not belong to Chak Marg, it is in fact land belonging to the petitioners i.e. Gata No.985 of Village Dadrauli Bhawanipur. 4. The learned Standing counsel has produced before this Court copy of instructions sent by the SDM, Sirauli, Gauspur, wherein it has been stated that a complaint was made in which it was mentioned that only incomplete soiling was done of Chak Marg (marg pataai), as a result of such complaint the Tehsildar was directed to get demarcated Chak Marg on Gata No.66. Measurement and demarcation was done on 01.09.2025 and it was found that the remaining 17 Meters had not been resoiled despite orders issued in this regard. The land was lying vacant and there was no encroachment thereon. Therefore, a direction was issued on 06.09.2025 to the Block Development Officer to ensure resoiling of the Chak Marg. 5. It has been stated that one Case No.1029 of 2025 [Shiv Kumar (substituted by Vijay Kumar and others) Vs. Saktu and Others, relating to their land where last date fixed was 10.09.2025. Similarly, there is one Revision pending before the Board of Revenue namely REV/2774/2025, [Arun Kumar and Others Vs. State of U.P. and others]. As a result of pendency of these two cases, the remaining 17 Meters cannot be resoiled and shall be resoiled as and when such cases are decided. 6. Now it is evident from the instructions that the State-respondents are not going to resoil the remaining 17 Meters of Chak Marg, till the two disputes that are pending in the Court of Collector and the Board of Revenue are decided, we do not think it appropriate to pass any order regarding resoiling of Chak Marg. WRIC No. 9092 of 2025 2 7. In case, the petitioners want demarcation of their plot of land i.e. 985 situated in Village Dadrauli Bhawanipur, they should make an application for demarcation within two weeks from today in the prescribed format and submit the Prescribed Fee to the appropriate Officer. If such an application is made, the same shall be considered and appropriate steps be taken in accordance with law. 8. The writ petition stands disposed of accordingly. September 18, 2025 N.PAL WRIC No. 9092 of 2025 3 (Manjive Shukla,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench