✦ High Court of India

Dinesh v. State of U.P. and others), wherein a specific order was passed that n

Case Details High Court of India

Court

High Court of India

Bench

SIDDHARTH NANDAN

Length

1,307 words

1. Heard Sri Om Narayan Dwivedi, Advocate, learned counsel for the petitioner in PIL No. 2836 of 2025.

2. The aforesaid PIL has been filed with the following prayers: "I. Issue a writ order or direction in the nature of mandamus directing the respondents to construct the over head tank in Gata No. 542 Gha as per resolution of Gram Sabha passed in its meeting dated 04.05.2022 in Village Panchayat Ridhaura, Tehsil Harraiya, District Basti."

3. The aforesaid PIL has been filed with the following declaration as per Rule 3-A of Chapter XII of Allahabad High Court Rules, paragraph 5, 6, 7 and 8.

4. I have perused the pleadings and find that the deponent of the affidavit was aware of the interim order dated 06.11.2023 passed in Writ-C No. 36701 of 2023 (Dinesh Versus State of U.P. and others), wherein a specific order was passed that no construction of the overhead water tank shall be carried out pertaining to village Ridhaura, Tehsil Harraiya, District Basti.

5. For ready reference, the order dated 06.11.2023 is being quoted herein below: "1. Pursuant to this Court's order dated 01.11.2023, Sub-divisional Magistrate, Harraiya, District Basti is present.

2. Sri Rajesh Kumar Tiwari, learned Addl. Chief Standing Counsel has received Instructions, which is taken on record.

3. Connect with Writ Petition (Writ-C) No. 28970 of 2023, which is going to be listed on 22.11.2023.

4. Till the next date of listing, no construction of overhead water tank shall be carried out pertaining to village Ridhaura, Tehsil Harraiya, 2 WPIL No. 2836 of 2025 District Basti.

5. By the next date of listing, learned Addl. Chief Standing Counsel is also requested to file detailed counter affidavit on the basis of the instructions received.

6. Personal appearance of the officer concerned is hereby dispensed with."

6. The present PIL was connected with Writ-C No. 36701 of 2023 (Dinesh Versus State of U.P. and others). In the said writ petition also, the following prayers were made: "i. To issue a writ, order or direction in the nature of mandamus directing the respondent no. 2, 3 and 4 to construct the Over Head Water Tank over the proposed Plot No. 542-Dha situated at Village Panchayat Ridhaura, Tehsil Harraiya, District Basti in place of Plot No. 727-Kha. ii. To issue a writ, order or direction in the nature of mandamus restraining the contractor of the Over Head Water Tank from raising construction and cutting of fruit and herbs trees."

7. Yet another Writ-C No. 28970 of 2023 (Land Management Committee and another Versus State of U.P. and others) was filed with the following prayers: "(i) a writ, order or direction in the nature of mandamus commanding the respondent nos. 2, 3 and 4 to restrain the respondent no.6 to interfere in construction work of overhead water tank which is being made over land of Gata No. 542ध (542-dha) area 0.127 hectare situated in Village- Ridhaura, Tappa- Belwa, Tehsil -Harraiya, District-Basti, which is recorded in the revenue record as Banjar land. (ii) a writ, order or direction in the nature of mandamus commanding the Sub Divisional Magistrate Tehsil-Harraiya, District-Basti, respondent no.3 to take necessary action for making construction of overhead water tank situated in Village- Ridhaura, Tappa- Belwa, Tehsil Harraiya, District-Basti in accordance with law. (iii) a writ, order or direction in the nature of mandamus commanding the respondent no.2 to decide the representation of the petitioner dated 23-6- 2023 within stipulated period as fixed by this Hon'ble Court."

7. The aforesaid writ petition was filed by the Land Management Committee stating that the proposed Overhead water tank was to be constructed on the land recorded in the name of Gram Panchayat in the revenue record and they have preferred the 3 WPIL No. 2836 of 2025 aforesaid writ petition with factual back ground that after starting construction of over head water tank the private respondent no. 5 therein (wrongly mentioned respondent no. 6 in the prayer clause) started threatening the committee and interfering in the construction work over the Gram Sabha land being Gata No. 542-Gha, area 0.127 hectare, i.e. navin parti land.

9. It also transpires that Gata No. 542 is minjumla number which is divided into six different parts i.e. Gata no. 542-kha M (0.082 hectare), 542-ga (0.004 hectare), 542- ka (0.054 hectare), 542-kha (0.044 hectare), 542-gha (0.003 hectare) and 542-gha (0.127 hectare). The water tank which is proposed to be constructed is over the land which is navin parti land, as is evident from the revenue report dated 27.09.2022. Subsequently another report was submitted on 23.02.2022 by Sub-Divisional Magistrate, Harriaya, Basti, wherein, it has been confirmed that Gata No. 542 is a minjumla plot having total area of 0.327 hectare; the entire plot no. 542 has already been demarcated, but, however, there is a case no. T202217140108033 which is pending with respect to the aforesaid plot and since the matter is sub judice, no decision can be taken.

10. Learned counsel for the petitioner submits that an ex parte order dated 07.06.2003 was recalled vide order dated 13.06.2023 in Case No. 8033 of 2022 (Mohd. Jalil v. Gram Panchayat) under Section 209(h) of the U.P. Revenue Code, 2006. Mohd. Jalil preferred a revision against the said order, which was rejected on 28.11.2023, and thereafter his review before the Board of Revenue was rejected on 04.04.2024. However, it is submitted that the plot that is the subject matter of the said proceedings is Plot No. 542-Kha, not Plot No. 542-Gha, over which the construction has been proposed.

11. Per contra, Sri Chandra Kant Tripathi, Advocate, representing contesting respondent no. 5 in the connected petition (Writ-C No. 28970 of 2023), submits that the petitioners and the Land Management Committee are attempting to construct the overhead water tank over Plot No. 542-Kha, and it is in this context that the interim order dated 06.11.2023 was passed by this Court.

12. It is also found that the said contesting respondent preferred Writ-C No. 35519 of 2022 (Mohd. Jalil v. State of U.P. and others) with respect to his Plot No. 542-Kha, area 0.044 hectare, which was disposed of vide order dated 13.02.2023, observing that the remedy lay for physical demarcation under Section 30(2) of the U.P. Revenue Code, 2006 and Rule 26 of the U.P. Revenue Code Rules, 2016. He seeks time to obtain instructions regarding the status of the aforesaid proceedings; however, learned counsel for the petitioner submits that his application under Section 30(2) of the Code has already been rejected up to the stage of the revisional court.

13. Since the brief dispute between the parties is only with respect to the physical demarcation, as the only deposition on behalf of the respondent no. 5 is based on the 4 WPIL No. 2836 of 2025 fact that the overhead water tank is being sought to be constructed over plot no. 542- kha and not 542-gha, the entire controversy can be brought to rest, by the orders, if any passed in pursuance of the application of the respondent no. 5 under section 30(2) of the U.P. Revenue Code, 2006.

14. Sri Chandra Kant Tripathi, Advocate, is directed to file an affidavit before this Court within a week, bringing on record the current status of his application and in the meantime the State may also verify whether any physical demarcation has been carried out over plot no. 542-kha over which there is proposal for construction of overhead water tank.

15. List this case as fresh on 03.12.2025 alongwith the connected matters. November 20, 2025 K.K. Maurya (Siddharth Nandan,J.)