HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 31573 of 2025 Court No. - 34 HON'BLE ROHIT RANJAN AGARWAL, J. 1. Petitioner before this Court contends that he is not in possession of Gata No. 359M which is recorded as a 'pond'. An eviction order has been passed against the petitioner which was put to challenge in appeal filed under Section 67(5). In the appeal filed, it has been stated that the house so constructed is no over the land of the pond recorded as Gata No. 359M. The appeal filed by the petitioner has been dismissed. 2. This Court after hearing the counsel for the petitioner as well as respondents, finds that once it is an admitted case that the house of the petitioner is not standing over Gata No. 359M and the said gata is recorded as a 'pond' in the revenue record, no case for interference is made out. 3. The writ petition stands dismissed. 4. However, before carrying out the eviction proceedings, the revenue authorities are hereby directed to demarcate the land of the pond which is over Gata No. 359M and in case, the revenue authorities finds that the house of the petitioner is standing on Gata No. 359M after demarcation, they will proceed to demolish the same and recover the damages. However, in case, it is found that the house is not constructed over the alleged gata, no demolition activity shall be carried out nor any damages be recovered from the petitioner. September 17, 2025 A. V. Singh Versus Counsel for Petitioner(s) : Akhilesh Kumar Singh Counsel for Respondent(s) : C.S.C., Sunil Kumar Singh (Rohit Ranjan Agarwal,J.) Kallu .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) Digitally signed by :- AJAY VIKRAM SINGH High Court of Judicature at Allahabad Digitally signed by :- AJAY VIKRAM SINGH High Court of Judicature at Allahabad