ORDER

Kshitij Shailendra, J.

Order on Civil Misc. Impleadment Application No.02 of 2023.

Considering the facts stated in the affidavit supporting impleadment application as well as during the course of arguments, I feel it necessary to permit impleadment of Anand Prakash and five others as respondents in the present writ petition.

2. Shri Pramod Kumar Sinha, learned counsel for the applicants seeking impleadment shall incorporate the said impleadment during the course of the day in the present writ petition.

3. The impleadment application is allowed.

Order on Writ Petition.

4. Heard Shri Sharad Kumar Pandey, learned counsel for the petitioner, learned Standing Counsel representing the State-respondents, Shri Rameshwar Prasad Shukla, learned counsel for the respondent no.5-Gaon Sabha and Shri Pramod Kumar Sinha, learned counsel for newly impleaded respondents.

5. This writ petition, in the nature of a public interest litigation, has been filed with the prayer to direct the respondent nos.2 and 3 to take immediate steps for restraining the respondent no.5, not to make water tank in Gata No.515 situated in Village- Karkhia Rustam Sarai, Tehsil -Sagari, District-Azamgarh which is public utility recorded as "Pokhari". Further prayer is to direct the respondent nos.2 and 3 to decide the application filed by the petitioner on 24.01.2023.

6. A perusal of aforesaid application shows that the grievance raised by the petitioner is that water tank be not established on Gata No.515 and order be passed for construction of water tank over Gata Nos.518, 507, 522,756-k and 33. The persons whose impleadment application has been allowed claim to be rightful occupants over the land covered by Gata No.518 and alongwith impleadment application a copy of plaint of suit filed by them under Section 144 of the U.P. Revenue Code-2006 (in short 'the Code-2006') has also been filed.

7. Learned counsel for the petitioner submits that land covered by Gata No.515 is a "Pokhari" and, therefore, no water tank can be constructed thereon as earlier efforts were made to maintain the said Gata as "Pokhari".

8. Learned Standing Counsel has placed instructions before this Court which are taken on record. The instructions reveal that the land suggested by the petitioner by means of an application dated 24.01.2023 is not suitable for want of availability of requisite area on the spot. The instructions further speak regarding registration of case against the occupants of Gata No.518 being Case No.T202115060706938 (Report v. Dheerendra) in which 28.02.2023 was a date fixed. Instructions further reveal that water tank is being constructed under the Jal Jeevan Mission Scheme of the Government.

9. Learned counsel for the newly impleaded respondents has vehemently opposed the writ petition on various grounds:-

(a) The first ground is that the attempt of the petitioner is to somehow obtain an order against the newly impleaded respondents as his prayer in the application itself was to construct the water tank over the land belonging to the newly impleaded persons.

(b). Secondly, it has been argued that the writ petition in the nature of public interest litigation should not be entertained as the petitioner has failed to disclose his credentials which is a mandatory requirement under the amended provisions of Allahabad High Court Rules-1952 i.e. Chapter XXII Rule 1 (3- A). The petitioner has stated that he is a social activist and h