HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10763 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Jai Vardhan Srivastava, the learned counsel for the petitioner and Sri Devendra Mohan Shukla, the learned Additional Chief Standing Counsel for the State and Sri Mohd. Talib khan holding brief of Sri Pankaj Gupta, learned counsel for the Gaon Sabha. 2. By means of the instant writ petition the petitioner has sought issuance of a mandamus directing the opposite parties to stop construction of kharanja (pave road) upon land bearing gata no. 144 measuring 0.3600 hectare. 3. The learned counsel for the petitioner stated that kharanja is being laid on land which is a part of the petitioner's sahen. 4. The learned Additional Chief Standing Counsel has opposed the writ petition on the basis of written instructions and he has submitted that kharanja is being laid upon a pre-existing passage which had got damaged. 5. Whether the kharanja is being laid on a pre-existing public path or on the land belonging to the petitioner's sahen is disputed question of fact, which cannot be decided in writ proceedings. 6. At this stage the learned counsel for the petitioner states that he does not want to press the petition and the petitioner would seek appropriate remedy in accordance with law. Versus Counsel for Petitioner(s) : Jai Vardhan Srivastava Counsel for Respondent(s) : C.S.C., Pankaj Gupta Ramraj Maurya .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Panchayati Raj Deptt. And 4 Others .....Respondent(s) 7. Accordingly, this petition is dismissed as not pressed leaving it open for the petitioner to institute appropriate proceedings in accordance with law. November 11, 2025 Pradeep/- WRIC No. 10763 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench