Neutral Citation No. - 2025:AHC-LKO:37813 Court No. - 6 Case :- WRIT - C No. - 6301 of 2025 Petitioner :- Gurjeet Singh Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Lko And 3 Others Counsel for Petitioner :- Deo Raj Singh Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey Hon'ble Alok Mathur,J. 1. Heard Shri Deo Raj Singh, learned counsel for the petitioner, learned Standing Counsel on behalf of respondents no. 1 to 3 and Shri Dilip Kumar Pandey, learned counsel appearing on behalf of respondent no.4. 2. It has been submitted by counsel for the petitioner that the petitioner is a tenure holder of Khasra No.467 area 1.890 hectare and on the South and West of the said land is a chakmarg on Khasra No.602. According to the report submitted by Lekhpal, it was alleged that the petitioner has encroached upon the chakmarg situated at Khasra No.602 and accordingly, proceedings were initiated against him under Section 67 of the U.P. Revenue Code. The said proceedings culminated on 19.03.2021 ex parte against the petitioner, who subsequently filed an application for recall and after giving due opportunity of hearing to the petitioner, the proceedings were again concluded by means of the order dated 01.04.2023 rejecting the application for recall and the application for recall was rejected maintaining the previous order dated 19.03.2021. The petitioner has filed an appeal under Section 65(5) of U.P. Revenue Code, 2006 before District Magistrate and the appeal has also been rejected on 09.11.2023 on the grounds of merit as well as on limitation. 3. Counsel for the petitioner has submitted that the findings by both the authorities are illegal and perverse inasmuch as there is no encroachment on chakmarg situated at Gata No.602 and the construction of the petitioner is confined to his plot on Khasra No. 467. He submits that in fact it is only a boundary dispute and in case the proceedings under Section 24 are undertaken, then it shall be established as to whether the petitioner has encroached upon the chakmarg situated at Gata No.602 or not. 4. Accordingly, with the consent of the both the parties, the petition is being disposed of by interfering in the impugned order to the extent that in case the petitioner deposits Rs.15,000/- towards penalty imposed, the proceedings under Section 67 of the U.P. Revenue Code before the S.D.M. concerned within next two weeks and also moves an application under Section 24 of the U.P. Revenue Code, the SDM concerned shall proceed and conclude the said proceedings with expedition, say within a period of two months thereafter in accordance with law. In case, during the said proceedings, it is found that the the petitioner has encroached upon the chakmarg which was Gata No.602, then the State-respondents shall proceed in furtherance of the orders dated 09.03.2021 and 01.04.2023 but in case, it is found that the petitioner has not encroached upon Gata No.602, then liberty is granted to the petitioner to move another application for recall which shall be considered and decided on the basis of the proceedings conducted under Section 24 of the U.P. Revenue Code. It is further provided that in case the petitioner is found to have not encroached upon the Gata No.602 that the amount deposited by him in furtherance of this order shall be refunded to him forthwith. It is made clear that the petitioner undertakes to cooperate in the proceedings and in case he does not cooperate or does not deposit the amount as directed by this Court, the benefit of this order shall not be available to him. 5. With the aforesaid directions, the petition stands disposed of. [Alok Mathur,J.] Order Date :- 4.7.2025 KR Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench