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2025 DAILYLAW 124005 (ALL)

RADHEY LAL v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT. LKO. AND 3 OTHERS

WRIC/1622/2025 · 2025-02-18

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:10456-DB Court No. - 2 Case :- WRIT - C No. - 1622 of 2025 Petitioner :- Radhey Lal 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 Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Heard Ms. Diksha Tiwari, learned counsel for the petitioner, learned Standing counsel for the State. The notice has been issued to the petitioner on 11.11.2024 under Section 67 of the Uttar Pradesh Revenue Code, 2006 for eviction/ removal of encroachment. However, the petitioner claims that he belongs to the schedule caste and he has been residing on the land in question bearing Gata No.1372 Minjumla, which is record as 'Ushar' land, since 1988 and in the year 2012 a house was also constructed on the said plot of land, therefore, he has perfected his rights under Section 67-A of the Uttar Pradesh Revenue Code, 2006 and Government order on the subject dated 19.10.2023. Let these objections/ claims be raised in the proceedings under Section 67 of the Uttar Pradesh Revenue Code, 2006 and if raised by the petitioner, the same shall be considered appropriately before taking any decision under Section 67 of the Uttar Pradesh Revenue Code, 2006. The present petition is disposed of in the aforesaid terms. (Om Prakash Shukla,J.) (Rajan Roy,J.) Order Date :- 18.2.2025 G. Singh/- Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad, Lucknow Bench