WRIC/12031/2025 of DURGESH @ BADE LAL Vs STATE OF U.P. THRU. PRIN. SECY. REVENUE LKO. AND 5 OTHERS on 10 December 2025

1. We have heard learned counsel for the petitioner, learned Standing Counsel for the State Respondents and Sri Pankaj Gupta, learned counsel appearing for the respondents no. 5 & 6.

2. This writ petition has been filed with the following main prayers:- "(i) Issue a writ order or direction in the nature of Mandamus restricting the opposite parties from making illegal construction of drain and RCC road over the land of the petitioner situated at Gata no. 1138 & 1141 at village- Gidhraiya, Tehsil and pargana-Balrampur, District- Balrampur.

(ii) Issue a writ, order or direction in the nature of Mandamus commanding the Opposite Parties more particularly opposite party no. 2 District Magistrate, Balrampur to decide the representation dated 16.10.2023, preferred by the petitioner contained as Annexure no.01 to this petition."

3. It has been submitted by learned counsel for the petitioner that the Gram Sabha is constructing a road over the land of the petitioner i.e. Gata Nos. 1138 & 1141 area 0.0120 & 0.1460 hectares, respectively. The Gram Pradhan has already constructed drainage/nali over Gata No. 1138. The petitioner has preferred a complaint through I.G.R.S. Portal. The report submitted shows that drainage/nali has been constructed by the Gram Pradhan over Gata Nos. 1138 & 1141 without prior permission of the Versus Counsel for Petitioner(s) : Ashutosh Mishra, Piyush Pathak Counsel for Respondent(s) : C.S.C., Pankaj Gupta Durgesh @ Bade Lal .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue Lko. And 5 Others .....Respondent(s)

owner. Thereafter, the petitioner has preferred a representation to the District Magistrate, Balrampur and Sub-Divisional Magistrate, Tehsil- Balrampur, District- Balram for removal of such nali/drainage and to stop Gram Pradhan from building a road over land of the petitioner without following due procedure as prescribed under law.

4. Learned counsel appearing for the Gram Sabha, on the basis of instructions, has stated that as is evident from the letter dated 11.10.2025 sent by Sub-Divisional Magistrate, Sadar Balrampur to Apar Mukhya Adhikhari, Balrampur, on the spot inspection was carried out on 11.09.2025 and the records were inspected. Gata No. 1139 is land covered under water and Gata Nos. 1140 & 1143 are recorded as Chak Marg. Demarcation exercise was carried out in the presence of villagers. The villagers also informed that Khadanja was constructed 40 years ago and such Khadanja Marg is rebuilt with the fund of Zila Panchayat Nidhi and an RCC road is now being constructed to help the villagers of Village Sewakpur Purwa to access the main road.

5. It has also been informed by the Sub-Divisional Magistrate, Sadar, Balrampur that the petitioner is deliberately stating that the respondents are constructing road over his land and not over Khadanja Marg, which is already in existence.

6. It has also been informed that the petitioner is already in possession of much more land then is shown in the Khatauni, who belong to him of Gata No. 1138 and 1141.

7. The instructions are also enclosed on the spot inspection/spot memo prepared under the signature of Durga Prasad Tiwari, Lekhpal, Ghughulpur, Tehsil- Balrampur, District Balrampur. Signatures of several villagers alongwith their phone numbers on the spot memo are also there.

8. The instructions are kept on record.

9. Accordingly, this writ petition stands disposed of. December 10, 2025 Darpan Sharma WRIC No. 12031 of 2025 2 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench