HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11079 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Vakalatnama filed today by Shri Mahendra Kumar Dixit, learned counsel on behalf of respondent No.5 is taken on record. 2. Heard learned counsel for the petitioner, learned Standing Counsel, who appears on behalf of State-respondent Nos.1 to 3 and Shri Mahendra Kumar Dixit, learned counsel appearing on behalf of respondent No.5. 3. This petition has been filed with the following prayers :- "(i) Issue a writ, order or direction in the nature of mandamus whereby directing the opposite party no.4 and 5 to ensure the construction of Road and Drainage over the petitioner's land bearing Gata No.680, Barkherwa, Pargana Kheri, Tehsil Sadar, District Lakhimpur. (ii) Issue a writ, order or direction in the nature of the mandamus whereby directing the opposite party no.3 to not create any hindrance in peaceful construction of Road and Drainage over the petitioner's land Gata No.680, Barkherwa, Pargana Kheri, Tehsil Sadar, District Lakhimpur which is being carried out by the opposite party no.4 and 5. (iii) Any other order, which is deemed just and appropriate in the nature and circumstances of the case may also be passed in favour of the petitioner in the interest of justice." 4. It is the case of the petitioner that the petitioner's agricultural land bearing Gata No.680/0.566 hectare situated in Village Barkherwa, Pargana Kheri, Tehsil Sadar, District Lakhimpur Kheri is low-lying and is in the middle of the populated area. Water from the houses of other Versus Counsel for Petitioner(s) : Anuj Pandey Counsel for Respondent(s) : C.S.C., M.K. Dixit Avni Shukla Alias Avni Kumari .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. And 4 Others .....Respondent(s) people living around such land fills the land of the petitioner due to which she is unable to do any work on her land. The petitioner preferred an application before respondent No.4 on 25.09.2024 for construction of nali over her gata for proper drainage of water from the same. Respondent No.5 wrote a letter to her on 25.09.2024 seeking her consent for constructing a drain and a road on her land. The petitioner gave such consent through an affidavit on 28.09.2024. Respondent No.4 thereafter invited a tender and, on that basis, work started on the land of the petitioner, but because of adverse social media reports, the Sub Divisional Magistrate issued a notice to the Executive Officer on 14.11.2024 stating that the land in question is submerged with water and no construction can be carried out on the same. 5. It has been submitted by the counsel for the petitioner that the petitioner cannot use her agricultural land, of which she is the recorded tenure-holder in the Khatauni because of interference by the Sub Divisional Magistrate concerned. 6. Learned Standing Counsel has pointed out that, as is evident from a bare perusal of Annexure-1, although the petitioner is recorded as category '1' , there is also a remark that it is land covered by water ( jalmagn). 7. Learned counsel appearing on behalf of respondent No. 5 has stated that the District Magistrate is the prescribed authority under Section 34 of Uttar Pradesh Municipalities Act, 1916 to prohibit execution of any order passed by Municipality and not Sub Divisional Magistrate and as such, the District Magistrate, may be directed to take decision while giving an opportunity of hearing to the respondent Nos.4 and 5 as well. 8. This petition is disposed of with the direction to the District Magistrate, Lakhimpur Kheri to look into the grievance of the petitioner, give an opportunity of hearing to respondent Nos.4 and 5 also and thereafter pass appropriate orders within a period of six weeks from the date of copy of this order is produced before him. November 15, 2025 Shubhankar WRIC No. 11079 of 2025 2 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench