HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8722 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents as well as Sri Dilip Kumar Pandey, learned counsel for the Gaon Sabha concerned. 2. This petition has been filed by the petitioner with the following main prayers:- "(i) Issue a writ, order or direction in the nature of Mandamus thereby commanding and directing the opposite parties to allot the patta/pond situated over Gata No.872 area 1.0730 Hectare situated at Village-Hamiri Patti, Pargana-Rokha, Tehsil-Salon, District-Raebareli in favour of the petitioner forthwith, in the interest of justice. (ii) Issue a writ, order or direction in the nature of Mandamus thereby commanding and directing the opposite parties to evict the opposite party no.6 from the land Gata No. 872/1.073 Hectare total area 0.013 Hectare situated in the aforesaid village in pursuance of the order dated 2.2.2024 passed by the Assistant coll (1st Class), Tehsildar (Judicial), Salon, Raebareli, in the interest of justice." 3. We have gone through the order dated 2.2.2024 from which it is evident that respondent no.6 is an encroacher on pond land belonging to the Gaon Sabha in question. 4. Learned Standing Counsel has produced before this Court the instructions Versus Counsel for Petitioner(s) : Chandra Kishore, Rajesh Kumar Shukla Counsel for Respondent(s) : C.S.C., Dilip Kumar Pandey Chandra Shekhar .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. And 5 Others .....Respondent(s) sent by the Sub Divisional Magistrate, Salon, District Raebareli, which are taken on record. In the said instructions, it has been stated that after the order was passed under Section 67(1) in Case no.T202210580603390 against respondent no.6, imposing penalty and directing eviction, respondent no.6 had filed an application under Section 209 for restoration of the case and for giving opportunity to him. The Tehsildar has now fixed the date of 20.9.2025 on such application being made by respondent no.6. 5. In so far as Relief no.(i) as made in the writ petition is concerned, learned Standing Counsel has instructions to say that no auction has taken place and there is no application of the petitioner for allotment of Gata no.872, area 1.0730 hectare situated at Village Hamiri Patti, Pargana Rokha, Tehsil Salon, District Raebareli. 6. This writ petition is disposed of with a direction to the Tehsildar, Tehsil Salon, District Raebareli, to decide the application for restoration moved by respondent no.6, either on the date fixed i.e. 20.9.2025 or within fifteen days thereafter. 7. It appears that the auction was proposed to be held of the pond in question on 28th and 29th July, 2025, but no bidders had appeared. Let such auction be again held, latest by 6.10.2025. September 8, 2025 Sachin WRIC No. 8722 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench