HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8427 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, who appears for the State-opposite parties, Shri Dilip Kumar Pandey, learned counsel for opposite party no.3 i.e. Gaon Sabha and perused the record. 2. This writ petition has been filed by petitioner with following main prayer(s): "(i) Issue a writ, order or direction in the nature of mandamus, directing to the opposite parties to Set up the Pani Ki Tanki /overhead water tank where half of the construction work has been completed at the old location in village Mahu, tanda, bibipur, bhanpur, Tahsil Paliya, District- Lakimpur Kheri under the scheme of Jal Jeewan Mission (Har Ghar Jal), in the interest of justice. (ii) Issuing a writ, order or direction in the nature of mandamus there by commanding the Opposite Parties to ensure to No construction work shall take place on that land until the pending interim application 'for 'appointment of Amin for commission of the land' is decided in the pending case before the court senior division( bearing case no. civil suit 326/2025) because the land has been ancestral property and some land purchased buy the petitioner and there is no dispute of the ownership except the illegal encroachment." Versus Counsel for Petitioner(s) : Manvendra Verma, Jitendra Bahadur Singh, Kamini Gautam Counsel for Respondent(s) : C.S.C., Dilip Kumar Pandey Shri Shivchandra Singh .....Petitioner(s) State Of U.P. Thru. Secy. Revenue Lko. And 2 Others .....Respondent(s) 3. It has been submitted by learned counsel for the petitioner that initially the opposite parties had started construction of overhead over the land belonging to the Gaon Sabha. They have dug out the foundation and have laid complete pillars for construction of water tank. Now the petitioner is aggrieved by the construction going on adjacent to the petitioner's house as he is apprehensive of structural stability of the overhead tank, which poses threat to the house of the petitioner. The petitioner filed Civil Suit No.326 of 2025 for permanent injunction before the Civil Judge (S.D.), Lakhimpur Kheri and his application for interim injunction is pending and the opposite parties are continuing to construct overhead tank adjacent to the house of the petitioner. 4. Learned Standing Counsel has produced before this Court instructions sent by the Sub Divisional Magistrate, Paliya, Kheri, wherein it has been stated that under the 'Har Ghar Swachchh Jal Mission', Gata No.465/0.384 hectare recorded as 'Naveen Parti' land under Category-5(1) was proposed by the Gaon Sabha for construction of overhead tank and the overhead tank is being constructed on the said land alone. 5. Shri Dilip Kumar Pandey, learned counsel for opposite party no.3 i.e. Gaon Sabha stated that initially the Gaon Sabha had passed a resolution for construction of overhead tank on Gata No.463, but since there was encroachment on Gata No.463, they have shifted to Gata No.465 without there being any resolution of the Gaon Sabha. The land of the petitioner on which he is recorded tenure holder is not being utilized for construction of overhead tank. The allegation made in the writ petition raises disputed question of fact for which the petitioner has already filed civil suit before the competent civil court, which is pending along with application for interim relief. 6. Since the writ petition involves decision on disputed questions of fact, the writ petition is disposed of leaving it open to the petitioner to pursue his remedy before the civil court. September 1, 2025 Anupam S/- WRIC No. 8427 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench