RAM SAWARE PATHAKversusSTATE OF U.P. THRU. PRIN. SECY., REVENUE DEPTT., LUCKNOW AND OTHERS

             Neutral Citation No. - 2024:AHC-LKO:58952-DB
Court No. - 3
Case :- WRIT - C No. - 7387 of 2024
Petitioner :- Ram Saware Pathak
Respondent :- State Of U.P. Thru. Prin. Secy., Revenue
Deptt., Lucknow And Others
Counsel for Petitioner :- Shobh Nath Pandey
Counsel for Respondent :- C.S.C.,Mohan Singh

Hon'ble Mrs. Sangeeta Chandra,J.
Hon'ble Brij Raj Singh,J.
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