HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9164 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE MANJIVE SHUKLA, J. Heard Shri Ambrish Kumar Pandey, learned counsel for the petitioner and learned Standing Counsel appearing for respondents no.1 to 3 and Shri Mohan Singh, Advocate appearing for respondent no.5. This captioned writ petition has been filed by the petitioners interalia praying the following reliefs :- "(i) A writ, order or direction in the nature of Mandamus thereby direct the opposite party no.2 and 3 to consider the application of the petitioner pursuance to the section 25 and 26 of the Land Revenue Code and took decision accordingly to open the path to reach the petitioner to her house, in the interest of justice in accordance with law, in the interest of justice. (ii) A writ, order or direction in the nature of Mandamus thereby commanding and directing the opposite parties to implement the fundamental right of the petitioner is being violated under article 21 of the Constitution of India, in the interest of justice in accordance with law, in the interest of justice." Learned counsel for the petitioner submitted that initially he filed case under section 133 CrPC before SDM Tehsil Sirauli Gauspur, District Barabanki for removal of nuisance on a public path but that case has been dismissed vide order dated 14.8.2024 on the ground that the path in question is neither a public path nor it is shown on the map as a public path. He further submits that though the proceedings under Section 133 CrPC have been dismissed but the fact remains that the petitioner is using the path in question for the purpose of his movement and for movement of memebrs of his family. Learned Standing Counsel appearing for the State - respondents has submitted that Versus Counsel for Petitioner(s) : Ambrish Kumar Pandey Counsel for Respondent(s) : C.S.C., Mohan Singh Pushpa Devi .....Petitioner(s) The State Of U.P. Thru. Prin. Secy. Revenue And 4 Others .....Respondent(s) once in the proceedings drawn under section 133 CrPC it has been found that the path in question is not being used by the general public and it is not shown in the map as a path then it is absolutely a private dispute of the petitioner and he can file a suit claiming easementry right over the path in question but the same cannot be decided by this Court in the writ proceedings. We have considered the arguments advanced by the learned counsel for the parties and we find that the matter has already been seen by the competent authority in the proceedings under Section 133 CrPC wherein it has been found that the path in question is not being used by the public at large and further the said path is not shown as public path in the map of the village. So far as the personal right, if any, of the petitioner in respect of his movement and movement of his family members on the path in question is concerned, he can claim his easementry rights by filing civil suit before the competent court as the said issues cannot be decided in the writ petition by this Court. Accordingly, we do not find any merit in the case and the same is dismissed. September 19, 2025 mks WRIC No. 9164 of 2025 2 (Manjive Shukla,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench