HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10264 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J. Heard learned counsel for the petitioners and learned Standing Counsel who appears on behalf of State- respondents and Shri M.K. Dixit, learned counsel who appears on behalf of Adarsh Nagar Panchayat, Zaidpur, Barabanki, the respondents no.4 and 5. This petition has been filed with the following prayers :- (i) issue a writ, order or direction in the nature of certiorari quashing the impugned auction notice dated 08.8.2025 issued with the joint signatures of opposite parties no.4 and 5 (Annexure No.1 to the writ petition) for auctioning the ponds (Talab) bearing Plot No.934 measuring area 8.310 hectares, Plot No.1120 measuring area 0.275 hectares and Plot No.1122 ,measuring area 0.146 hectares, situated at Qasba Zaidpur, Tehsil Nawabganj, District Barabanki, which come within the territorial jurisdiction of Adarsh Nagar Panchayat Zaidpur (opposite parties no.4 and 5) and commonly known as ‘Bada Talab’ to the extent of including the share/ area of the petitioners’ ancestors over the aforesaid land/ ponds in question in the present auction proceeding. (ii) issue a writ, order or direction in the nature of mandamus commanding the opposite parties not to interfere in the peaceful possession/ share of the petitioners over the ponds in question, i.e., ponds (Talab) bearing Plot no.934 measuring area 8.310 hectares, Plot No.1120 measuring area 0.275 hectares and Plot No.1122 measuring area 0.146 hectares, situated at Qasba Zaidpur, Tehsil Nawabganj, District Barabanki which come within the territorial jurisdiction of Nagar Panchayat Zaidpur (opposite parties no.5 and 6) and commonly known as ‘Bada Talab’. It has been submitted by the learned counsel for the petitioners that the petitioners’ predecessor in interest were owners in possession of ‘Bada Talab’ within the territorial jurisdiction of Nagar Panchayat, Zaidpur, Barabanki. Initially, the Deputy Collector without any cogent reason had observed that petitioners are entitled to get only 10 biswa of land from land of their ancestors. Subsequently, the Nagar Panchayat Zaidpur, Barabanki without any authority in law proceeded to auction the whole talab without excluding the share of the petitioner. Versus Counsel for Petitioner(s) : Syed Husain Abbas, Irshad Ali Counsel for Respondent(s) : C.S.C., M.K. Dixit Syed Ali Mustafa And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Revenue Lko. And 4 Others .....Respondent(s) Petitioners had half share of the said property, i.e., Bada Talab which is evident from the khasra khatauni and other relevant revenue records. It has been submitted that the plots in question were recorded in the name of ancestors of the petitioner jointly as khevat no.53 of 1331 fasli and continued to be so recorded even in 1426 fasli. It has been argued that the ponds in question belong exclusively to the ownership of the petitioners since the time of their ancestors but the respondents no.4 and 5 are claiming ownership thereof illegally, and have proposed to auction the same by the impugned auction notice. The plots on which such talab is recorded are entered as non ZA land in the revenue records in the name of Tajdar Fatima for the year 1426 fasli and the petitioners are the legal heirs of Tajdar Fatima. Counsel appearing on behalf of respondent Nagar Panchayat has stated that the writ petition is entirely misconceived as the plots mentioned in the prayer clause are not being auctioned. Auction is being proposed only for ‘Dhobin talaiya’ which is Gata No.1055 (currently Gata No.1837) area 0.1640 hectare and for ‘Chhiti Talab’ which was recorded initially as gata no.1035 and now recorded as gata no.1796 admeasuring 1.2650 hectare and ‘Daitali Talab’ initially Gata No.996 currently Gata No.1736, area 0.1640 hectare. It has been submitted that ‘Bada Talab’ which is situated on Plot No.934, area 8.310 hectare, plot no.1120 measuring area 0.275 hectares and plot no.1122 measuring area 0.146 hectares situated at Qasba Zaidpur, Tehsil Nawabganj, District - Barabanki is not being auctioned. It has also been pointed out by the counsel appearing for Nagar Panchayat, Zaidpur that the petitioners cannot claim ownership over land of pond as under Section 77 of the U.P. Revenue Code, 2006 no bhumidhari rights can be claimed over such land. He has referred to Section 2 of the U.P. Revenue Code wherein applicability of the Act, i.e., U.P. Revenue Code, 2006 over the entire State of U.P. has been mentioned. We are of the opinion that since there are the instructions available relating to no proposal to auction Bada Talab as indicated by the petitioner in their writ petition, such instructions are directed to be kept on record. There is no need to show interference as prayed for. The writ petition stands disposed of. October 17, 2025 mks WRIC No. 10264 of 2025 2 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench