HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 35849 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J. HON'BLE SWARUPAMA CHATURVEDI, J. 1. Learned counsel for the petitioners has filed today supplementary affidavit, which is taken on record. 2. Heard Sri Rakesh Pandey, learned Senior Advocate assisted by Sri Ayub Khan along with Sri Irshad Ahmad, learned counsel for the petitioners, Sri Deepak Chauhan, learned Additional Chief Standing Counsel for the State and perused the record. 3. By means of this writ petition filed under Article 226 of the Constitution, petitioner has questioned the show cause notice dated 30.09.2025 issued to him in respect of plot no. 84 minjumla with an area 0.384 hectares stating it to be a plot which could be a public land and hence in the light of the judgment of Hon'ble Supreme Court in case of Hinch Lal Tiwari vs. Kamala Devi & Ors., (2001) 6 SCC 496 decided on 25th July, 2021, such public ponds are to be resumed from the private possession. 4. It is contended on behalf of the petitioners by filing supplementary affidavit bringing on record of rights since 1348 fasli, showing that the land continues to be recorded as a private land and hence was never a public land and in some of the khataunies it is recorded as a pond. It is thus contended that if the land is recorded as private land in the record of rights, then mere mentioning of pond will not convert into the nature of a public pond and hence according to him the judgment in case of Hinch Lal Tiwari (supra), would not be attracted. Versus Counsel for Petitioner(s) : Sr. Advocate, Ayub Khan, Irshad Ahmad Counsel for Respondent(s) : C.S.C. Mahmood Alam And 18 Others .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) 5. Per contra, it is argued by Sri Deepak Chauhan, learned Additional Chief Standing Counsel that it is merely a show cause notice issued to the petitioners and it is always open for the petitioners to submit his reply to the concerned authority setting up a defence on the basis of material relied upon in this petition and if he does so, this Court may direct the tehsildar concerned to dispose of the matter of show cause notice by means of reasoned and speaking order. 6. In view of the above, this petition stands disposed of with a direction to the petitioners to submit a reply to the show cause notice dated 30.09.2025 annexing therewith all the relevant material including the extract of record of rights in respect of land in question to set up his valid defence, within a period of four weeks from today and in the event he does so as directed herein above, the concerned Tehsildar of Tehsil-Sambhal, District-Sambhal shall proceed to examine the material evidence placed before him along with the reply of the petitioners and shall dispose of the matter of show cause notice dated 30.09.2025 by means of reasoned and speaking order. 7. It is further provided that at least one opportunity of personal hearing shall also be afforded to the petitioners as it is claimed by respondent to be covered under the judgment of Hon'ble Supreme Court in case of Hinch Lal Tiwari (supra). It is further provided that no coercive action shall be taken pursuant to show cause notice dated 30.09.2025 until final decision is taken by the authority concerned in the matter as directed herein above. October 14, 2025 #Vikram/- WRIC No. 35849 of 2025 2 (Swarupama Chaturvedi,J.) (Ajit Kumar,J.) Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad