HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9650 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 on behalf of the State-opposite parties no.1 to 4, Sri Pankaj Gupta, who appears on behalf of opposite party no.5 and Sri Samir Om, who appears for opposite party no.6. 2. This writ petition has been filed with the following main prayer:- "(I. Issue a suitable writ order or direction nature of mandamus commanding the respondent no.2 and 3 to remove encroachment of the petitioner for encroachment of his Bhumi Dhari Land gata no 437 area 0.528 hectare which is situated in Gram Shabha Phatepur, Pargana-Nabab Ganj, Tahsil-Tarbaganj, District-Gonda which was Allotted by respondent no.5 Land Management Committee Phatepur, Pargana- Nabab Ganj, Tahsil-Tarbaganj, District-Gonda in favor of the Central Government Project Jal Sakti Mishan. As possible with in time which is fixed by this Hon'ble Court otherwise petitioner shall suffer irreparable loss.” 3. It is the case of the petitioner that he is the recorded tenure holder of Gata No.437, area 0.528 hectares, situated in Gram Shabha Phatepur, Pargana-Nabab Ganj, Tahsil-Tarbaganj, District-Gonda. He has also filed an application under Section 24 of the U.P. Revenue Code, 2006 and the concerned Revenue Inspector submitted a report on 17.01.2020, on the basis of which his case should have been decided, but the case has not been decided till date by the Tehsildar. The petitioner has also filed a Civil Suit for permanent injunction to stop the opposite party no.6 from encroaching the land of the petitioner and the Court Ameen has visited the site and submitted his report. Versus Counsel for Petitioner(s) : Jitendra Upadhyay Counsel for Respondent(s) : C.S.C., Pankaj Gupta, Samir Om Om Prakash Gupta .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue Lko And 5 Others .....Respondent(s) 4. The Civil Court has passed an order on 28.02.2024 wherein an ad interim injunction has been granted against the opposite parties, but they are encroaching upon the land of the petitioner. 5. Learned Standing Counsel has pointed out from the plaint filed at Page- 36 of the writ petition. In the said case, there are 20 private defendants and at serial no.21 and 22 the State of U.P. through District Collector and the Land Management Committee of Phatehpur, Pargana-Nabab Ganj, Tahsil-Tarbaganj, District-Gonda have been arrayed as defendants on the basis of an order dated 15.01.2025 allowing the impleadment application. 6. This writ petition is disposed of with a direction to opposite parties no.5 and 6 to ensure that the land belonging to the Gram Sabha alone is used for the purposes of construction of water tank under the Jal Shakti Mission. In case demarcation is required of Gram Sabha land, the same shall be done in accordance with Rules before any such construction is carried out. September 26, 2025 Rao/- WRIC No. 9650 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench