HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9368 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard the learned counsel for the petitioner and the learned Standing Counsel who appears on behalf of the State-respondent nos.1 to 4. 2. This petition has been filed by the petitioner for the following prayers:- "(i) Issue a writ, order or direction in the nature of Mandamus commanding thereby commanding and directing the opposite party no.2 and 3 to take appropriate action against the opp. party no.4 and 5, by which violating the Government order dated 11.03.2023 and harassed the petitioner for remove the Khadanja road from the public way situated in Abadi land bearing Gata No.157Kha, situated at situated at Village Makrandpur, Pargana-Mijhaura, Tehsil-Bhiti, District-Ambedkar Nagar without any judicial order. (ii) Issue a writ, order or direction in the nature of Mandamus commanding thereby commanding and directing the opposite party no.2 and 3 to consider and decide the representation dated 12.09.2025, with speaking and reasoned order, as contained in Annexure No.3 to this writ petition. (iii) Any other order, or direction, which this court deem fit and proper Versus Counsel for Petitioner(s) : Ajay Kumar Pandey Counsel for Respondent(s) : G.A. Durga Prasad .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 5 Others .....Respondent(s) under the circumstances of the case in favour of Petitioner be passed in the interest of justice. (iv) Allow the writ petition with cost in favour of the Petitioner." 3. It has been submitted by the learned counsel for the petitioner that the Opposite party no.4-Station House Officer of Police Station Ahirauli, District Ambedkar Nagar, has also been impleaded in person as Opposite party no.5-Abhishek Tripathi. He in collusion with the Opposite party no.6 is interfering in the peaceful possession of the petitioner. Hence, this petition has been filed with the aforesaid prayers. 4. Learned Standing counsel has produced before this Court the instructions sent by the Station House Officer, Abhishek Tripathi, Police Station Ahirauli, District Ambedkar Nagar, wherein it has been stated that the petitioner had made a complaint and on the basis of complaint a Spot Inspection was carried out and it was found that there is a dispute relating to laying of Khadanja between the Petitioner-Durga Prasad and Vijay Kumar son of Chhotey Lal and others, all residents of Village Makrandpur, Police Station Ahirauli, District Ambedkar Nagar. Another application was made by Vijay Kumar son of Chhotey Lal, it was also inquired into and the same facts came into light that there was a dispute regarding possession of Abadi side. There was no development plan on the basis of which Khadanja was tried to be laid down which has resulted in threat of Breach of Peace. The police were called on 27.04.2025 and the proceedings under Section 126/135 of the B.N.S.S. have been initiated and Entry No.39 regarding the same at 16:45 hours have been made in the G.D. Another such incident took place on 30.06.2025 which led to actual fight taking place between the parties, Vijay Kumar's wife of Saroj Devi lodged an F.I.R. on 30.06.2025 registered as Case Crime No.179 of 2025, under Sections 191(2), 115(2), 352, 351(3) of the B.N.S. against Durga Prasad son of Late Ramtej, Rakesh Kumar son of Chandra Bhan, Nitesh Kumar son of Chandra Bhan and Abhishek son of Udaibhan. The Investigating Officer has completed the investigation and Charge-sheet No.A-162 WRIC No. 9368 of 2025 2 of 2025 dated 31.07.2025 has been prepared and sent to the Supervisory Authority. Only to ensure no Breach of Peace takes place action has been taken by the police against Nitesh Kumar, Rakesh Kumar ex-parte by Challani Report dated 30.06.2025 recorded in G.D. Entry No.27 at 12:15 Hours and sent to the Magistrate concerned. 5. It has been stated in the said instructions that the police have only gone to the spot after complaint was made by Saroj Devi wife of Vijay Kumar and not on their own. 6. The instructions are kept on record. 7. This writ petition is disposed of with liberty to the petitioner to approach the Magistrate concerned. September 25, 2025 N.PAL WRIC No. 9368 of 2025 3 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench