W.P. No.20218/2011(PIL) 02.12.2011 Heard the learned counsel for the petitioner on the question of admission. In this PIL, the petitioner who claims himself to be a resident of Village, Majhgawan, Tahsil Sihora, District Jabalplur inter alia prays for a direction to the respondents No.1 to 4 to permit the villagers to use the tank in question for Nistar purposes and not to register any sale deed in respect of the tank in question which may be executed by the respondents No.5 to 9. The petitioner has also prayed for issue of a writ of prohibition against the respondents No.5 to 9 restraining them from alienating the tank in question. The facts as set forth in the writ petition are that on the land of Village, Sarouli bearing Khasra No.614, which is recorded in the names of the respondents No.5 to 9 a tank is situate which is being used by the villagers since long time. However, the respondents No.5 to 9 are trying to sell the land of the tank in question. In the aforesaid factual background the petitioner has approached this Court. Learned counsel for the petitioner submits that the respondents No.5 to 9 cannot be permitted to alienate the tank in question, as the same is being used by the villagers for the past several years. We have considered the submissions made by the learned counsel for the petitioner. Admittedly, the tank in 1 question belongs to the respondents No.5 to 9. The villagers, at most, can claim easementry right in respect of the tank which is owned by the respondents No.5 to 9. An easementry right, if it exists in favour of the villagers, the same can be adjudicated only in a civil suit and not in a writ petition under Article 226 of the Constitution of India. For the aforesaid reasons, in our considered opinion, the writ petition is misconceived. It is accordingly dismissed. (Sushil Harkauli) (Alok Aradhe) Acting Chief Justice Judge ac. 2 3