Neutral Citation No. - 2025:AHC:128151 Court No. - 34 Case :- WRIT - C No. - 41822 of 2024 Petitioner :- Manoj Kumar And 3 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Nitin Sharma,Ranjeet Dubey,Shailendra Kumar Tiwari,Vinay Kumar Pandey Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C.,Saroj Kumar Yadav Hon'ble Rohit Ranjan Agarwal,J. 1. Petitioners before this Court claim that they have not encroached upon the land of Gaon Sabha, which is recorded as pathway in the revenue records. According to the petitioners, the proceeding under Section 30 of U.P. Revenue Code, 2006 has already been initiated and is pending consideration. 2. Learned counsel for petitioners submits that an ex-parte eviction order was passed, thereafter, an appeal was preferred, which has also been decided ex-parte. 3. Sri Saroj Kumar Yadav, learned counsel, appearing for contesting respondent, submits that petitioner is ex-pradhan of the village and has encroached upon the land of Gaon Sabha during his tenure. According to him, by raising illegal construction the pathway of village has been blocked. He further submits that eviction order was rightly passed which has been upheld in appeal. 4. I have heard learned counsel for parties and perused the material on record. From perusal of the record, this Court finds that on the date fixed in appeal petitioners' counsel had not appeared and the appellate authority had recorded a categorical finding as to the encroachment over the land in dispute by the petitioners, which has been recorded in the revenue records as pathway. 5. Considering the facts and circumstances of the case as petitioners have not been heard at appellate stage the matter is remitted to the appellate authority with a limited direction that petitioners or their counsel shall appear before the appellate authority alongwith certified copy of this order within one week from today, the appellate authority, thereafter, shall hear the petitioners or their counsel within next two weeks and decide the proceedings in question, strictly in accordance with law, within a period of next three weeks. 6. With the aforesaid observations, writ petition stands disposed of. Order Date :- 31.7.2025 Shekhar Digitally signed by :- SHASHI SHEKHAR PANDEY High Court of Judicature at Allahabad