HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10715 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J. HON'BLE PRASHANT KUMAR, J. 1. Heard learned counsel appearing on behalf of the parties. 2. This is a writ petition under Article 226 of the Constitution of India, wherein the writ petitioners have sought for the following substantial relief:- "(i) Issue a writ order or direction in the nature of Mandamus to command the opposite parties more particularly opposite party No. 02/District Magistrate Pratapgarh to issue appropriate directions to remove the illegal constructed Chakmarg and restore the petitioners land forthwith, over the Gata no. 289 situate at Village- Atraura mirpur police station- Aspur Devsara, Tehsil- Patti District- Pratapgarh." 3. It appears from the facts that the petitioner No.2, Chhotelal has given permission to the Gram Sabha for construction of the chakmarg over his property. However, the other petitioners have not given their permission, which is admitted by learned counsel appearing on behalf of the State and the Gram Sabha. 4. In light of the above, we are of the view that the construction that has been made over the land of the petitioners, which is co-owned by all the five petitioners, cannot be taken over by the State for construction in the manner in which it has been done in the present case. Versus Counsel for Petitioner(s) : Adnan Ahmad, Abdul Muqeem Counsel for Respondent(s) : C.S.C., Pankaj Gupta Faguram And 4 Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue Lko. And 3 Others .....Respondent(s) 5. In light of the above, the illegal construction that has been made should be removed by the State/ Gram Sabha within a period of three weeks from date. 6. We make it clear that it shall be open to the Gram Sabha to open negotiations with the petitioners for acquiring their land with the permission of all the petitioners. 7. In the event of any acquisition being made, proper compensation as per law must be given to the petitioners. 8. With the above direction, the writ petition is disposed of. November 11, 2025 cks/- WRIC No. 10715 of 2025 2 (Prashant Kumar,J.) (Shekhar B. Saraf,J.) Digitally signed by :- CHANDRA KANT SINGH High Court of Judicature at Allahabad, Lucknow Bench