HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 31545 of 2025 Court No. - 34 HON'BLE ROHIT RANJAN AGARWAL, J. 1. Eviction proceedings were drawn against the petitioner on the ground that he has occupied the land of Gata No.359-M to the extent of 135.2 Sq.M., which is recorded as pond in the revenue records. Petitioner had filed objections stating that no encroachment has been made over the pond of Gata No.359-M, and his house is situated in abadi site. 2. An eviction order has been passed after considering the report of the revenue inspector which has been affirmed in the appeal filed by the petitioner which has been dismissed. 3. Learned counsel for the petitioner submits that the house of the petitioner is standing over the abadi site and not on the land of Gata No.359-M, which is recorded as pond. He further submits that no demarcation proceedings have been carried out and solely on the testimony of the revenue inspector and his report, the order of eviction has been passed. 4. Learned Standing Counsel has defended the order passed by the revenue authorities. 5. Having heard respective counsel for the parties and after perusing the material on record, I find that it is an admitted case of the petitioner that his house is standing in the abadi site and not on Gata No.359-M, which is recorded as pond in the revenue records. 6. Hon'ble Apex Court in case of Hinch Lal Tiwari Vs. Kamla Devi, Versus Counsel for Petitioner(s) : Akhilesh Kumar Singh Counsel for Respondent(s) : C.S.C., Sunil Kumar Singh Krishnapal .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) 2001 (6) SCC 496 has held that the pond situated in village needs to be cleared and no encroachment should stand on the land of pond. 7. Once, the petitioner has himself admitted that no construction is standing over Gata No.359-M, the revenue authorities are hereby directed to demarcate the land of Gata No.359-M which is recorded as pond, and if any encroachment stands on the land of pond, it shall be demolished immediately. In case, it is found after demarcation that the house of the petitioner is not standing over Gata No.359-M, no eviction shall be carried out, and no damages shall be realized from the petitioner. 8. With the aforesaid observations, writ petition stands disposed of. 9. It is made clear that the demarcation exercise shall be carried out by the revenue authorities within 15 days from today, and after demarcation of land of the pond, the eviction proceedings shall be carried out. September 17, 2025 SK Goswami WRIC No. 31545 of 2025 2 (Rohit Ranjan Agarwal,J.) Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad