(1.) Heard Sri Madan Gopal Tripathi and Sri Shivam Kumar Mishra, learned counsel for the petitioners, Sri Mohan Singh, learned counsel for the respondent No.5 and Sri Akhilesh Kumar Chaturvedi, learned Additional Chief Standing Counsel appearing on behalf of State respondent nos.1 to 4.
(2.) The present writ petition has been filed by the petitioners under article 226 of the Constitution of India with the following prayer:-
(3.) The factual matrix of the case is that the petitioners are the owners and cultivators of Plot No.328, measuring 1.025 hectares, which is in their possession since the time of their ancestors. Out of the total area of the said plot, the Gram Panchayat-Andka, respondent No.5 herein, has constructed a 4 meter-wide public way (khadanja) over an area measuring approximately 0.109 hectares, without adopting due process of land acquisition provided under the law.