WRIC/7387/2024 of RAM SAWARE PATHAK Vs STATE OF U.P. THRU. PRIN. SECY., REVENUE DEPTT., LUCKNOW AND OTHERS on 30 September 2026

1. Heard learned counsel for the petitioner, learned Standing Counsel appearing on behalf of respondent nos. 1 to 5 and Shri Mohan Singh, learned counsel appearing for respondent no.6.

2. This writ petition has been filed with the following main prayer:- "(i). issue a writ, order or direction in the nature of mandamus thereby commanding and directing the concerned opposite party no. 5 to comply the order dated 30.07.2024, passed by the opposite party no. 4 and further get the Khadanja re-constructed, which was constructed under MNREGA Scheme in the year 2014-15 in village Nevada, Bhavapur, Vikas Khand Bikapur, Tehsil Bikapur, District Ayodhya."

3. It is the case of the petitioner that he resides in village Nevada Bhavapur Development Block Bikapur, Tehsil Bikapur, District Ayodhya and Gata No.694-A is recorded in the revenue record as Abadi land and the entire village is populated over the said Gata. The land of Gata No.694 Jha is recorded in the name of the petitioner and respondent no.7 and other co-sharers. Both Gata No. 694 Ka and 694 Jha are adjacent to each other. A Khadanja was made initially under MNREGA Scheme but has been destroyed by some persons including respondent no.7 In May, 2024, the petitioner has made a complaint through his son to the District Magistrate and Sub Divisional Officer, Ayodhya but nothing has been done in the matter, therefore, this writ petition has been filed.

4. Learned Standing Counsel has produced a copy of the instructions sent by Block Development Officer, Bikapur, Ayodhya dated 28.08.2024 wherein it has been stated that a complaint was received in Sampoorna Samadhan Diwas. An inspection was instituted by the Assistant Development Officer (Co-operative) and it was reported that the Khadanja that was earlier laid opposite the house of Deep Narain Tiwari and Ram Saware Pathak under MNREGA Scheme dated 2014-2015 has been removed by Devdhar Tiwari and his sons, as a result, great difficulties his being faced by the villagers. In pursuance of such report, the Block Development Officer has directed the Village Development Officer, Gram Panchayat Bhavapur to initiate proceedings against Devdhar Tiwari and his sons and to also re-construct the Khadanja marg which has been disturbed by such persons. It has been reported that with the help of the police, steps are being taken since 13.08.2024 for re-laying of a Khadanja marg and an FIR has also been lodged against bearing villagers.

5. Instructions, so filed, are kept on record.

6. The writ petition stands disposed of. Order Date :- 29.8.2024 Pks Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench