HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 34639 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J. HON'BLE SWARUPAMA CHATURVEDI, J. 1. Heard Sri Satyendra Kumar Pandey, learned counsel for the petitioner, Sri Ankit Sharma, learned counsel appearing for the private contesting respondents no. 15, Sri. J.N. Maurya, learned counsel for the respondent no. 17-U.P. Pollution Control Board, Sri Shrey Sharma, learned counsel for respondent no. 18 and Sri Pradeep Kumar Shahi, learned Additional Chief Standing Counsel for the State respondents. 2. This petition arises out of civil suit being O.S. No. 30 of 2022 instituted by the petitioner seeking permanent prohibitory injunction against the private contesting respondents, particularly, respondent no. 15 and the grievance is in between plot no. 441 belonging to the petitioner and plot no. 447 belonging to respondent no. 15 there lies Nali (drain) in plot no. 446. The disputed question of fact that arises for consideration for the civil court is as to whether the public drain/naali which falls in plot no. 446 is being shifted to plot no. 441 in the garb of construction carried out in plot no. 447. 3. The U.P. Pollution Control Board has been impleaded as respondent before this Court for the reason that the said Pollution Control Board has granted no objection to the contesting respondent no. 15 for installation of petrol pump. The Oil Corporation that has granted license for running the retail outlet of the petrol pump is being represented by Sri Shrey Sharma. 4. Since now the question arises regarding the exact position of public Versus Counsel for Petitioner(s) : Satyendra Kumar Pandey Counsel for Respondent(s) : Ankit Sharma, C.S.C., Hari Nath Tripathi, Shrey Sharma Jagdhari Prajapati .....Petitioner(s) State Of U.P. And 20 Others .....Respondent(s) drain and plot no. 446 and it is complained that in respect of injunction order granted by the trial court on 1.4.2023, the police has not able to stop construction activity in question. 5. We consider it appropriate that the land be demarcated first identifying the correct position of public drain/naali falling in plot no. 446. 6. The Sub Divisional Magistrate concerned is accordingly to carry out the appropriate measurement exercise on the spot in presence of petitioner who is the plaintiff in the suit and also the contesting respondent no. 15, within 15 days from today and until such measurement exercise on the spot is carried out, the respondent no. 15 will not raise any further constructions just to abide by the temporary injunction order passed by the trial court in pending suit. After the report is prepared by the Sub Divisional Magistrate, as directed hereinabove, the same shall be placed before the trial court for its appreciation and consideration of injunction application for its final disposal by giving opportunity of hearing to the respective parties. 7. Sri Shahi, learned Additional Chief Standing Counsel shall intimate this order to the Sub Divisional Magistrate concerned within three days and will ensure the strict compliance of the order. 8. With the aforesaid observations and directions, the petition stands disposed of. October 13, 2025 Kirti WRIC No. 34639 of 2025 2 (Swarupama Chaturvedi,J.) (Ajit Kumar,J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad