Chandra Kumar Rai, J.

1. Supplementary affidavit filed by learned counsel for the petitioner is taken on record.

2. Heard learned counsel for the petitioner, Mr. Abhishek Shukla, learned Additional Chief Standing Counsel for the State-respondents and Mr. Pankaj Kumar Gupta, learned counsel for respondent- Gaon Sabha.

3. The instant petition has been filed for mandamus commanding the respondents not to construct the water tank in the petitioner's bhumidhari arazi / Khasra No.542 Kha area 0.044 hectare situated at Village- Ridhaura, Pargana- Amoda, Tappa- Belwa, Pargana- Amod, Tahsil- Haraiya, DistrictBasti without making any partition on spot under the provisions of U.P. Revenue Code, 2006.

4. Learned counsel for the petitioner submitted that by way of the exchange proceeding petitioner became owner of Khasra no.542 Kha area 0.044 hectare and is recorded in the revenue records. He further submitted that the authorities are constructing water tank in the bhumidhari plot of the petitioner which is against the law. He next submitted that the plot no.542 Kha although is Milzumla number, as such, unless the proper partition took place the construction of the water tank is against the law.

5. On the other hand, Mr. Abhishek Shukla, learned Additional Chief Standing Counsel submitted that the petitioner should initiate proper proceeding under Section 30 (2) of U.P. Revenue Code, 2006 for partition of Milzumla number, as the Khasara No. 542 Kha is minjumla plot so, no interference is required in the matter.

6. I have considered the argument advanced by learned counsel for the parties and perused the record.

7. There is no dispute about the fact that plot no.542 kha is a Milzumla plot.

8. In order to appreciate the controversy the provisions of Section 30 (2) of U.P. Revenue Code, 2006 as well as Rule 26 of U.P. Revenue Code Rules, 2016 are relevant for perusal, which are as follows:

Section 30 (2) of U.P. Revenue Code, 2006:

"(2) The minjumla number shall be divided physically in the manner prescribed and revenue records including map and khasra shall be corrected accordingly."

Rule 26 of U.P. Revenue Code Rules, 2016:

"Rule 26. (1) The Board shall, by general or special order direct the Collector that the minzumla numbers shall be divided physically and revenue records shall be corrected accordingly.

(2) On the order under sub-rule (1) of this rule, the Collector shall get a partition scheme of minzumla numbers prepared for each village.

(3) For the purpose of preparation of partition scheme of minzumla numbers, a provisional partition scheme of minzumla numbers shall be prepared by the Lekhpal in R.C. Form-5.

(4) The provisional partition scheme of minzumla numbers shall be prepared by the Lekhpal in consultation with concerned tenure holders and Land Management 13 Committee.

(5) In the preparation of provisional partition scheme of minzumla numbers, the following principles shall be observed:- (a) The portion allotted to each tenure holder shall be as compact as possible. (b) As far as possible no tenure holder shall be given all the inferior or all the superior classes of land. (c) If the tenure holders of minzumla number are in separate possession on the spot on the basis of mutual division, the same shall, as for as possible, be allotted as per the separate possession. (d) Every tenure holder shall, as for as possible, be allotted the area at the place on which his private source of irrigation or any other improvement is in existence. (e) If the plot or any part thereof, is of commercial value or is adjacent to road, abadi or other land of commercial value, the same shall, as for as possible, be allotted to each tenure holder proportionately adjacent to such road, abadi or other land of commercial value.

(6) The Lekhpal shall prepare and place on record a map showing in different colours, the area given to each tenure holder.

(7) After preparation of provisional partition scheme of minzumla numbers a notice in R.C. Form-6 shall be issued to each tenure holder of the minzumla number inviting objection, if any, within the period of 15 days from the date of service of the notice on the tenure holder.

(8) After receiving the objection in pursuance of the notice issued under sub-rule (7) or otherwise, the Revenue Inspector shall dispose of the objections on the basis of conciliation between the parties in consultation with the 14 Village Revenue Committee.

(9) All the objections which have not been decided by the Revenue Inspector on the basis of conciliation shall be forwarded alongwith the provisional partition scheme to the Collector through the Sub-Divisional Officer.

(10) The Collector after affording opportunity of hearing to the parties concerned shall decide the objection, if any, and thereafter either confirm the provisional partition scheme of minzumla numbers or pass such order as he deems fit.

(11) The map, khasra and khatauni shall be corrected as per the confirmed partition scheme of minzumla numbers.

(12) Any order passed under this rule shall, subject to the revision under section 210 of the Code, be final."

9. Since the Khasara 542 Kha area 0.044 hectare belonging to petitioner is minjumla plot as such inview of the relief claimed in the writ petition the petitioner should avail remedy as provided under section 30(2) of U.P. Revenue Code, 2006 read with Rule-26 of U.P. revenue Code Rules, 2016.

10. Considering the facts and circumstances as well as the provisions contained under Section 30 (2) of U.P. Revenue Code, 2006 and under Rule 26 of U.P. Revenue Code Rules, 2016, petitioner is directed to file appropriate application under Section 30 (2) of U.P. Revenue Code, 2006 within period of two weeks from today before respondent no.3 i.e. SubDivisional Magistrate, Tahsil- Haraiya, Pargana- Amodha, District- Basti, who shall decide the same in accordance with law expeditiously preferably within period of four months from the date of production of certified copy of this order.

11. With the above observations, the writ petition is finally disposed of.