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2025 DAILYLAW 115239 (ALL)

RAMFER AND 3 OTHERS v. STATE OF U.P. THRU. SECY. DEPTT. OF REVENUE LKO. AND 5 OTHERS

WRIC/215/2025 · 2025-01-10

Brij Raj Singh, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:1981-DB Court No. - 2 Case :- WRIT - C No. - 215 of 2025 Petitioner :- Ramfer And 3 Others Respondent :- State Of U.P. Thru. Secy. Deptt. Of Revenue Lko. And 5 Others Counsel for Petitioner :- Ashok Kumar Pathak,Uday Pratap Singh Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Rajan Roy,J. Hon'ble Brij Raj Singh,J. 1. Heard. 2. The petitioners claim to be in possession of part of the Gata No. 2581, which is reserved for "Harijan Abadi" and also that they have a house thereon and are residing therein for the past 15 years yet the opposite parties are proposing to demolish their houses and evict them. 3. Learned Standing Counsel has instruction that on the inspection conducted on 8.1.2025 it was found that the petitioners, who are scheduled castes have been illegally occupying the aforesaid "Harijan Abadi" and had their 'Jhopari' and 'Chhappar' over the same for the past about 15 years. 4. The instruction provided by the learned Standing Counsel is taken on record. 5. The authorities should consider whether Section 67 A of the U.P. Revenue Code, 2006 applies to the case at hand ? and for how long the petitioners have been in occupation of the said "Harijan Abadi" and if they are to be evicted what is process prescribed for the same whether they can be summarily evicted without drawing any proceedings. The Sub Divisional Magistrate, Sadar Nawabganj, District- Barabanki to look into the matter and do the needful after getting the facts verified, as, if the petitioners are in occupation for the last 15 years and they are Scheduled Castes then it will have to be seen as to whether they are liable to be evicted, if so, under what authority and what is the procedure prescribed for the same. The Sub Divisional Magistrate, Sadar Nawabganj, District- Barabanki shall look into the matter and do the needful. Till he takes a decision in this regard, which shall be taken at the earliest, not beyond two months, status quo, shall be maintained by the parties and if the Pradhan is illegally evicting the petitioner then the S.D.M. would be obliged to protect the rights, if any, of the petitioners, who belong to the scheduled castes. Mere pendency of the civil suit at the behest of the petitioners will not come in the way of the decision taken by the S.D.M. in respect of the land in question, as, they are illiterate persons and obviously they have been misguided by somebody for approaching the civil court. 6. The writ petition is, accordingly, disposed of. [Brij Raj Singh, J.] [Rajan Roy, J.] Order Date :- 10.1.2025 Anuj Singh Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench