HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8302 of 2025 Court No. - 2 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 the State Respondents, Sri Rishabh Kapoor, Advocate, appearing on behalf of the U.P. Jal Nigam and Sri Pankaj Gupta, Advocate, appearing on behalf of the Gaon Sabha. 2. This petition has been filed with the following main prayer:- "Issue a writ order or direction in the nature of mandamus commanding the opposite parties concerned specially OP No.2, 3 and 4 to cancel the earlier proposal for construction of water tank on gata no.511m area 0.437 hec. (old gata no.1106/1/1.30 acre) recorded in the revenue record in as Kabristan and Bag situated in the Village- Chaube Purwa, Post- Ranipur, Police Station-Sirsiya, Tehsil- Bhinga, District- Shrawasti and direct to opposite parties to pass a fresh proposal for said water tan in any other suitable vacant gaon sabha land in the interest of justice". 3. It is the case of the petitioner that the land in question is in possession of the petitioner before Zamindari Abolition and 34 mango trees, 1 neem tree and 1 mahua tree are standing on the plot, which are more than 50 years old and planted by the ancestor of the petitioner. 4. The petitioner is running a Madarsa Darun Ulum Rajay Mustfa over it for the past 35 years as there was no vacant land existing in the Gaon Versus Counsel for Petitioner(s) : Ruby Maurya Counsel for Respondent(s) : C.S.C., Pankaj Gupta, Rishabh Kapoor Mohammad Sharif Khan .....Petitioner(s) State Of U.P. Thru. Distt. Magistrate Dist. Shrawasti And 4 Others .....Respondent(s) Sabha at the time. Gata No.511 Min. is recorded in the revenue records as Banjar. It has wrongly been approved on 02.07.2004 in favour of Chunmun Khan. A Suit for cancellation of lease was filed and the lease granted to Chunmun Khan was cancelled. The land in question still recorded as Banjar in the revenue records. Now, there is a an illegal proposal to build a water tank under the Jal Jeewan Mission over the property in question. The petitioner has also made a representation. 5. Learned Counsel for the petitioner, after arguing for some time, prays that the respondents may be directed to decide the representation of the petitioner dated 12.06.2025. 6. Sri Pankaj Gupta, learned Counsel appearing on behalf of the Gram Panchayat, and learned Standing Counsel appearing on behalf of the Gram Sabha, have argued, on the basis of instructions, that the proposal has been made by the Gram Panchayat which has been approved by the appropriate Authority for construction of overhead water tank under Jal Jeewan Mission over banjar land belonging to the Gaon Sabha. The petitioner has no right, title or interest over the property in question. He is only a trespasser over the property of the Gaon Sabha. Now, the Gaon Sabha needs the property for the benefit of the Gram Sabha population. 7. It is not disputed that Gata No.511 Min. is recorded as Banjar land in favour of the Gaon Sabha in the revenue records. 8. The prayer as made in this writ petition cannot be granted against the statutory entries in the revenue records. 9. In case, the petitioner seeks benefit of the value of trees, allegedly planted by his ancestors, he has remedy of approaching the District Collector for the same under Section 56/58 of the U.P. Revenue Code. 10. The writ petition stands dismissed. September 3, 2025 Rahul WRIC No. 8302 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench