HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 25136 of 2020 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents. This writ petition has been filed with the following prayers :- (i). issue a writ, order or direction in the nature of Mandamus commanding/directing the opp. parties no. 1 to 3 to restrain/establish the public path way over the land Gata No. 819 measuring area 0.5600 hec. situated at Village Akodhiya, Tehsil Sadar, District -Pratapgarh which is recorded the land of the petitioner in revenue record in pursuance of the order dated 18-8-2006 passed by Additional District Magistrate U/S 28 of the Revenue Code 2006, contained as Annexure No.1 to this writ petition. (ii). issue a writ, order or direction in the nature of Mandamus commanding the opp. parties 1 to 4 to ensure the peaceful possession over the land Gata No. 819 measuring area 0.5600 hec. situated at Village Akodhiya, Tehsil Sadar, District Pratapgarh mere pendency of the revision before the Additional Commissioner Allahabad Division Allahabad in the interest of justice. It is the case of the petitioner that he is a resident of Village Akodhiya, Tehsil Sadar, District Pratapgarh, and is the owner of Gata No. 819, admeasuring 0.5600 hectare, which stands recorded in his name. Respondent No.5, Lallan Singh, however, obtained an order against the petitioner by fraudulently changing the area recorded in the petitioner's name. Thereafter, the respondent no.5, Lallan Singh approached this Court by filing a Public Interest Litigation, being PIL (Civil) No. 29649 of 2019, Lallan Singh vs. District Magistrate Versus Counsel for Petitioner(s) : Akhilesh Kumar Pandey Counsel for Respondent(s) : C.S.C. Surendra Singh .....Petitioner(s) State Of U.P.Thru Prin.Secy. Revenue Deptt. Lucknow And Ors. .....Respondent(s) Pratapgarh and Others, with a prayer to command the respondents to construct the Chak Road over the land of Gata No. 819, admeasuring 0.0510 hectare, situated in Village Akodiya, Pargana and Tehsil Sadar, District Pratapgarh. The Court granted time to the learned Standing Counsel to seek instructions. In compliance with such order, the District Magistrate, Pratapgarh, filed his personal affidavit wherein it was stated that the road existing on Gata No. 819 is free from any type of hindrance and that action would be taken in accordance with law on the petitioner's application for construction of khadanja on the said road. The Court recorded the submission of the learned Standing Counsel, on the basis of instructions, that the Chak Road over Gata No. 819, measuring 0.0510 hectare, would be overlaid with khadanja/tiles within four months. After the said order dated 04.12.2019 was passed, the respondents have allegedly started interfering with the petitioner's land. Hence, the present writ petition has been filed. The writ petition was filed on 11.12.2020 and taken up as fresh. On 05.01.2021, this Court granted time to the learned Standing Counsel to seek instructions in the matter. The learned Standing Counsel has produced before this Court the instructions dated 27.02.2021 sent by Dr. Nitin Bansal, then District Magistrate of Pratapgarh, wherein it has been stated that Gata No. 819 is a minjumla gata and that 0.0510 hectare of the said gata is recorded as Chak Road, 0.2530 hectare is recorded in the name of Kripashankar s/o Ramlal, and 0.5600 hectare is recorded in the names of Surendra Singh, Mahendra Pratap Singh sons of Bharat Singh, and Sanjay Singh son of Surendra Singh. It has further been stated that the Chak Road lies on the northern boundary of Gata No. 819 and has been overlaid with khadanja. While the khadanja was being laid, after demarcation on 17.08.2020, the petitioner approached this Court. It is also stated in the instructions that apart from the Chak Road, which has been overlaid with khadanja, the entire land of Gata No. 819 is lying fallow and no crop has been grown by any of the tenure holders. The instructions are kept on record. WRIC No. 25136 of 2020 2 The writ petition has been filed on mere apprehension. It is disposed of accordingly. November 20, 2025 Ashish Dewal WRIC No. 25136 of 2020 3 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench