HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 30637 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for State-respondents and Sri Vinay Kumar Singh, learned counsel for respondent no.6. 2. The grievance of the petitioner is that a public pathway was constructed in the Village-Basthan, Post Office Zameelpur, Tehsil Sagari, District Azamgarh which was in existence for the last 23 years, and that public pathway is being used by the villagers. Now, the respondent no.6 without any authority of law has removed the public pathway and is trying to take possession of the land over which the public pathway has been constructed. The petitioner has placed reliance upon the report of Sub-Divisional Magistrate, Sagari, Azamgarh dated 18.06.2025 annexed as Annexure 11 to the writ petition. 3. Sri Vinay Kumar Singh, learned counsel for respondent no.6 does not dispute the fact that public pathway is constructed 23 years back. However, he submits that in fact the land over which the public pathway has been constructed belongs to the family of respondent no.6 and by mutual agreement, the public pathway was constructed. 4. Considering the aforesaid fact, we are of the view that this issue can very well be looked into by the District Magistrate. Accordingly, we dispose off the writ petition permitting the petitioner to file a detailed representation before the respondent no.2-District Magistrate who shall consider and decide the claim of the petitioner in the light of the fact as to whether 'Khadanja' Versus Counsel for Petitioner(s) : Uma Shankar Singh Counsel for Respondent(s) : C.S.C., Rameshwar Prasad Shukla, Vinay Kumar Singh Rakesh Singh .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s) road which is being removed by the respondent no.6 was constructed 23 years back and is existing over the plot of respondent no.6, and if that be so, then right of respondent no.6 over the land on which public pathway ( Khadanja) has been constructed and is existing since last 23 years stands extinguished by virtue of Section 189(c) of U.P. Z.A. & L.R. Act, 1950. 5. 5. In case, respondent no.2 finds that 'Khadanja road has been constructed over the plot of respondent no.6 and is existing since last 23 years, then appropriate orders may be passed taking into consideration the provision of Section 189(c) of U.P. Z.A. & L.R. Act, 1950. September 25, 2025 Sattyarth WRIC No. 30637 of 2025 2 (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) Digitally signed by :- SATTYARTH ANAND High Court of Judicature at Allahabad