Neutral Citation No. - 2025:AHC:119066 Court No. - 35 Case :- WRIT - C No. - 33256 of 2024 Petitioner :- Mohabbe Ali And 3 Others Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Rupendra Kumar Mishra Counsel for Respondent :- Arun Kumar Pandey,C.S.C. Hon'ble Syed Qamar Hasan Rizvi,J. 1. Sri Rupendra Kumar Mishra, learned counsel for the petitioners, Sri Awadhesh Kumar Patel, learned standing counsel appearing for the State-respondents and Sri Atul Kumar Pandey, Advocate holding brief of Sri Arun Kumar Pandey, learned counsel appearing on behalf of the Land Management Committee are present. 2. By means of the present writ petition the petitioners have prayed for the following relief: "I. Issue a writ, order or direction in the nature of mandamus directing the respondents to not dispossess the petitioners over the land of Gata No. 88 situated at Village Milak Khanpur, Nagaliya, Post Mebla Kalan, Tehsil Tanda, District Rampur which is recorded as Abadi Land in revenue record, during the pendency of the present writ petition before this Hon'ble Court. II. Issue a writ, order or direction in the nature of mandamus directing the respondent nos. 2 & 3 to consider and decide the application of the petitioners dated 05.04.2024, restraining to the Land Management Committee, Village Nagaliya, Post Mebla Kalan, Tehsil Tanda, District Rampur to not dispossess the petitioners from their Abadi Land within stipulated period as fixed by this Hon'ble Court." 3. The submission of the learned counsel for the petitioners is that the petitioners are the permanent residents of village Nagaliya, Post Mebla Kalan, Tehsil Tanda, District Rampur and are having a constructed house over the plot bearing Gata No. 88 measuring area 0.421 hectare. 4. It is submitted on behalf of the petitioners that the aforesaid plot is recorded as 'abadi land'. The construction as per the statement of the learned counsel for the petitioners was constructed by the ancestors of the petitioners and since there time the petitioners are in possession of the same. 5. It is very categorically submitted by the learned counsel for the petitioners that the respondent authorities are bent upon to dispossess the petitioner from the plot in question without following any procedure of law and are illegally trying to demolish the existing construction. He further submits that the petitioners have already made several representations before the authority concerned, but could not attract their consideration. 6. Learned standing counsel appearing on behalf of the State- respondents submits that it is not disputed that the plot in question is recorded as 'abadi land' and there is nothing on record in favour of the petitioners to establish their right. The possession of the petitioners over the said land is totally illegal and as such they are liable to be evicted. 7. Needless to say that every action taken by the State authorities must be in accordance with law and the procedure prescribed under the relevant rules. 8. Be that as it may, without adverting into the merits of the case, the present writ petition is disposed of with a direction to the Sub Divisional Officer, Tehsil Tanda, District Rampur / respondent no. 3 to look into the matter and take appropriate steps strictly in accordance with law after affording due opportunity of hearing to the petitioners. 9. The writ petition is accordingly disposed of with the aforesaid observations and directions. Order Date :- 22.7.2025 Arif Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad