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2025 DAILYLAW 100285 (ALL)

KAMLA SHANKAR DUBEY v. STATE OF U.P. AND 3 OTHERS

WRIC/33629/2025 · 2025-09-23

Rohit Ranjan Agarwal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 33629 of 2025 Court No. - 34 HON'BLE ROHIT RANJAN AGARWAL, J. 1. Proceedings for eviction in respect of Arazi No. 1162 has been initiated by the revenue authorities on the ground that said Arazi is recorded in the revenue record under Category 5-3 and is recorded as 'forest'. The petitioner has constructed a house and proceedings for eviction has been initiated. Order of eviction was passed, against which, an appeal under Section 67(5) was filed in which the only ground taken in paragraph 8 of the memo of appeal is that there exists number of houses on Arazi No. 1162 and there is a vacant land in Arazi No. 1162. Apart from the said fact, nothing has been pleaded so as to demonstrate that the petitioner is the owner in possession of the part of the land of Arazi No. 1162, which is said to have been encroached by him. 2. The revenue records appended at page 63 of the writ petition also reveals that in the Khatauni for the Fasli year 1430-1435, that is, 1st July, 2022 to 30th June, 2028 indicates that the Arazi No. 1162 is recorded as 'forest'. Eviction order has been confirmed in appeal which needs no interference of this Court in exercise of jurisdiction under Article 226 of the Constitution of India. 3. The writ petition fails and is hereby dismissed. September 24, 2025 A. V. Singh Versus Counsel for Petitioner(s) : Ratan Kumar Mishra Counsel for Respondent(s) : C.S.C., Pradeep Singh (Rohit Ranjan Agarwal,J.) Kamla Shankar Dubey .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) Digitally signed by :- AJAY VIKRAM SINGH High Court of Judicature at Allahabad