Court No. - 6 Case :- WRIT - C No. - 6587 of 2025 Petitioner :- Neeraj Kumar Singh Yadav Respondent :- State Of U.P. Thru. Ziladhikari, Kheri And 2 Others Counsel for Petitioner :- Ashok Kumar Maurya,Abhinav Maurya Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey Hon'ble Alok Mathur,J. 1. Heard Sri Ashok Kumar Maurya, learned counsel for the petitioner as well as learned Standing counsel on behalf of the State-respondent No.s 1 and 2 while Sri Dilip Kumar Pandey is present for respondent No.3-Gram Sabha. 2. It has been submitted on behalf of the petitioner that the present dispute pertains to gata No.274/0.065 hectare situated in Village Amra, Pargana and Tehsil Mohammadi, Kheri which has been recorded as pond and the proceedings under Section 67 of Revenue Code were initiated against the petitioner alleging that he has encroached and made permanent structures on gata No.274 which is recorded as talab. 3. In the proceedings before the Tehsildar under Section 67 of Revenue Code, the petitioner did not appear and by means of order dated 14.4.2023 the allegations against the petitioner were found to be correct on the basis of the report submitted by the Lekhpal and accordingly orders for eviction and imposition of penalty were passed against the petitioner. Subsequently, petitioner moved an application for recall stating that he was not aware of the proceedings and he has not been heard which application was also rejected on 26.6.2023 after recording the fact that notices were duly served personally upon the petitioner and the petitioner deliberately did not participate in the said proceedings and, hence, the previous order dated 14.4.2023 was maintained. 4. The petitioner thereafter, preferred appeal before District Magistrate under Section 67 (5) of U.P. Revenue Code where it was submitted by the petitioner that he is a tenure holder of gata No.275/0.9790 hectare and entire construction is existing on his own holding and further refuted the fact that he had encroached upon the land of gata No.274 which is recorded as pond. 5. The appellate court relying upon the material on record which was in the form of the statement and report of Lekhpal, rejected the contentions of the petitioner without proceeding to examine the correctness of the defence taken by the petitioner before the appellate court. 6. Before this Court also the petitioner has vehemently submitted that the construction of the petitioner is confined only to the land situated at gata No.275 and in case the land of private respondent is demarcated by the competent authority then the dispute would have been resolved and without following the aforesaid procedure the respondents have relied upon only the report of Local Lekhpal and deeming the said report to be correct have recorded a finding against the petitioner. 7. He has further submitted that a perusal of the impugned order indicates that there is no application of mind where even the report of Lekhpal has merely been mentioned and only a lip service has been given to the same without even recording details of the report of the Lekhpal and consequently the order of the competent authority itself has been passed without application of mind. 8. After arguing the matter at some length learned counsel for the petitioner submits that in case demarcation of the land is got conducted it would clearly indicate whether the construction of the petitioner is confined only to gata No.275 and further submtis that in case after demarcation any construction or encroachment is found by the petitioner on gata No.274 the respondent would be at liberty to proceed in accordance with law. 9. Learned Standing counsel, on the other hand, has opposed the writ petition but does not dispute the aforesaid facts. 10. Accordingly, considering the rival contentions, it is provided that the petitioner shall move application under Section 24 of the Revenue Code before the Sub Divisional Magistrate, Tehsil Mohammadi District Kheri within next ten days and in case such an applicaditon is made the Sub Divisional Magistrate/competent authority shall proceed to consider and pass appropriate orders in accordance with law with expedition say within two months thereafter after giving notice to all teh parties concerned and determine as to whether the construction of the petitioner is confined to his holding of gata No.275. In case the petitioner files such an application as directed hereinabove then during the proceedings under Section 24 no coercive action shall be taken against him in pursuance of the orders dated 14.4.2023, 26.6.2023 and 3.11.2023. 11. In case, the competent authority comes to the conclusion that the construction made by the petitioner also exists on gata No.274 /0.0650 hectare then the parties will be at liberty to proceed to implement the aforesaid order but in case the contentions of the petitioner is found to be correct then liberty is given to the petitioner to move an application for recall before the appellate court i.e. District Magistrate, Lakhimpur Kheri, who shall pass appropriate orders therein duly considering the order passed in demarcation proceedings under Section 24 of moved by the petitioner. 12. With aforesaid direction the petition stands disposed of. (Alok Mathur, J.) Order Date :- 11.7.2025 RKM. Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench