Neutral Citation No. - 2025:AHC-LKO:4108 Court No. - 8 Case :- WRIT - C No. - 613 of 2025 Petitioner :- Smt. Asha Devi Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. And 3 Others Counsel for Petitioner :- Anil Kumar Upadhyay,Diksha Tiwari,Saurabh Upadhyay Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey Hon'ble Jaspreet Singh,J. 1. Heard learned counsel for the petitioner. 2. Notice on behalf of respondent nos.1 to 3 has been accepted by the ofÏce of learned Chief Standing Counsel. 3. Shri Dilip Kumar Pandey has accepted notice on behalf of respondent no.4. 4. Under challenge is the order dated 26.12.2024 passed by respondent no.3 in proceedings under Section 67 of the U.P. Revenue Code, 2006 whereby the order of eviction, imposition of penalty has been passed against Ram Chandra Maurya. 5. The sole contention of learned counsel for the petitioner is that Shri Ram Chandar Maurya expired on 12.7.2022. After his death, the state authorities initiated proceedings under Section 67 of the U.P. Revenue Code, 2006. It is urged that the proceedings itself were without jurisdiction as it could not have been initiated against a dead person. It is further submitted that since the order impugned is completely without jurisdiction, hence, though the petitioner has remedy of filing an appeal before the court of Collector yet the petitioner has approached this court by filing the instant writ petition. 6. Shri Dilip Kumar Pandey and Shri Ajay Kumar Singh Tomar learned Standing counsel for the respondent State as well as counsel for Gaon Sabha, both do not dispute the fact that the order impugned has been passed against a dead person, they have fairly conceded that the order impugned may be set aside and the matter may be remanded for decision afresh. 7. Considering the aforesaid aspect of the matter, the petition is disposed of at the admission stage and with the consent of the learned counsel for the parties, the impugned order dated 26.12.2024 which has been passed against a dead person, shall stand set aside. Liberty is granted to the respondents to issue a fresh notice against the petitioner, if they feel it proper and then hold the proceedings in accordance with law as held in the case of Rishi Pal Singh Vs. State of U.P. and others : 2022 SCC Online All. 829. 8. The writ petition is allowed in the aforesaid terms. 9. It is made clear that the court has not entered into the validity or merits of the claim of the respective parties and impugned order has been set aside purely on the ground that the same has been passed against a dead person. Order Date :- 22.1.2025 Shukla Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench