HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11152 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J. HON'BLE MANJIVE SHUKLA, 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 reliefs:- "(i) Issue a writ, order or direction in the nature of mandamus commanding to the opposite parties no.1 to 7 whereby trying to construct new public way/ Road over the Bhumidhari land of the petitioners gata no 137 area 1.13.12 Dhur (Old gata No. 219) situated at village Nevada Kala Post Pureguru Pargana & Tahsil Sadar District Pratapgarh on demand of the opposite party no. 8 to 11 without following due process of law in the interest of justice. (ii) Issue a writ, order or direction in the nature of mandamus commanding the opposite parties not to disturbed peaceful possession and occupation of petitioners over the land gata no. 137 area 1.13.12 Dhur (Old gata No. 219) situated at village Nevada Kala Post Pureguru Pargana & Tahsil Sadar District Pratapgarh without following due process of law in the interest of justice." 3. Upon perusal of the documents, we are of the view that the petitioner should file an appropriate application before the Sub- Divisional Magistrate, Sadar, Pratapgarh and upon such application being made within a period of one week from date, the Sub-Divisional Versus Counsel for Petitioner(s) : Pradeep Kumar Mishra Counsel for Respondent(s) : C.S.C., Pankaj Gupta Raj Kumar Singh And 4 Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue Lko. And 10 Others .....Respondent(s) Magistrate is directed to carry out the survey, examine the road that is being built and pass a reasoned order with regard to the same. 4. The Sub-Divisional Magistrate is directed to decide on the issue as to whether there was an existing path on the premises of the petitioner or the present path is being constructed newly on the behest of the private respondents. 5. The reasoned order should be passed within a period of twelve weeks from the date of filing of the said application. 6. With the above direction, the writ petition is disposed of. November 18, 2025 cks/- WRIC No. 11152 of 2025 2 (Manjive Shukla,J.) (Shekhar B. Saraf,J.) Digitally signed by :- CHANDRA KANT SINGH High Court of Judicature at Allahabad, Lucknow Bench