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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 34431 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J.
HON'BLE SWARUPAMA CHATURVEDI, J.
1. Heard Sri Manvendra Singh Yadav, learned counsel for the petitioner, Sri Raveindra Prasad, Advocate holding brief of Sri Krishna Kant Singh, learned counsel for the Gaon Sabha and Sri Pradeep Kumar Shahi, learned Additional Chief Standing Counsel for the State respondents. 2. By means of this petition filed under Article 226 of the Constitution, petitioner has prayed for the following relief:-
"(i) issue a writ, order or direction in the nature of mandamus commanding and directing respondent no. 2 to 4 not to make Khadanja Marg over the Gata No. 891 situated in village Kajrauth, Tehsil Iglas, District Aligarh of the petitioner."
3. It is contended on behalf of the petitioner that since the petitioner is having title in respect of an area 0.081 hectares of land falling in plot no. 891, the Gram Panchayat is not entitled to lay Kharanja road upon the land of the petitioner. 4. Per contra it is argued by learned Advocate appearing for the Gram Panchayat that the plot no. 891 is having a very large area which also includes the land of Gram Panchayat. Therefore, the appropriate remedy available for the petitioner is to apply for demarcation of his land by moving an appropriate application under Section 24 of the U.P. Revenue Code, 2006. 5. Learned counsel for the petitioner could not dispute the above legal Versus Counsel for Petitioner(s) : Mahendra Kumar Yadav, Shiv Bhushan Singh Counsel for Respondent(s) : C.S.C., Krishna Kant Singh Natthi Lal .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
position. 6. In view of the above, we dispose of this petition with a direction to the petitioner to move an appropriate miscellaneous application for demarcation of boundaries of his land falling in plot in question as per the procedure prescribed under the U.P. Revenue Code, 2006 and if he does so within a period of four weeks from today, the Sub Divisional Magistrate/Sub Divisional Officer, the competent authority will carry out the demarcation proceedings and dispose of the pending application within a further period of one month. 7.
7. It is made clear that in the event, it is found that the boundaries of the Gram Sabha land and that of the petitioner is overlapping then any activity at the end of Gram Panchayat will be conducted only after the disposal of pending demarcation proceedings by the authority concerned. October 10, 2025 Kirti WRIC No. 34431 of 2025 2 (Swarupama Chaturvedi,J.) (Ajit Kumar,J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad