Neutral Citation No. - 2025:AHC:23656-DB Court No. - 3 Case :- WRIT - C No. - 359 of 2025 Petitioner :- Ved Prakash Gupta And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ajeet Sharma,Divakar Rai Sharma Counsel for Respondent :- C.S.C.,Vibhanshu Vaibhav Hon'ble Anjani Kumar Mishra,J. Hon'ble Jayant Banerji,J. Heard learned counsel for the petitioner and Sri Vibhanshu Vaibhav learned counsel for the respondent Nos.2 & 3. When the petition initially came up for admission the following order was passed:- 1. Counsel appearing for the respondent nos.2 and 3 as also the learned Standing Counsel are directed to obtain instructions in the matter. What would be the relevant for the purpose of this writ petition is the revenue entry as regards the Plot Nos.257/1, 258/1 and 259/1 in the fasli year 1356 F. 2. Counsel for the petitioner may also implead the State of U.P. through the Principal Secretary (Revenue) during course of the day. 3. Put up as fresh after three weeks. The grievance of the petitioner is that he is raising construction over his Plot Nos.257/1, 258/1 and 259/1 situated in village Nagala Maan Singh Pal Road, Mauja Gambhirpura, Pargana & Tehsil-Koli, District Aligarh but the respondents are interfering ostensibly on the ground that the land in question was a pond. In the context of this controversy the respondents were directed to produce relevant revenue entry of 1356 fasli which would be useful and conclusive in determining as to whether the land in question was pond or not. Today the submission has been made and it is admitted to both the parties that the relevant revenue record of 1356 fasli is not available in the revenue record room. On a query by the Court as to the basis of the claim of the respondents that the plots in question were a pond or were pond at some point of time, no reply is forthcoming. Under the circumstances, therefore, the claim of the respondents that the land in question is pond or was pond at some point of time and therefore liable to be restored in its earlier state is based on no evidence at all. In such view of the matter, we allow the writ petition and direct the respondents not to interfere in the possession of the petitioner over Plot Nos.257/1, 258/1 and 259/1 situated in village Nagala Maan Singh Pal Road, Mauja Gambhirpura, Pargana & Tehsil-Koli, District Aligarh atleast till such time they are not in possession of concrete evidence in support of their claim. Order Date :- 19.2.2025 Himanshu Digitally signed by :- HIMANSHU YADAV High Court of Judicature at Allahabad