Neutral Citation No. - 2025:AHC-LKO:42443 Court No. - 6 Case :- WRIT - C No. - 6945 of 2025 Petitioner :- Smt. Renu Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt., Lko. And Others Counsel for Petitioner :- Pankaj Kumar Gupta,Govind Kumar Chourasia Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey Hon'ble Alok Mathur,J. 1. Heard Sri Govind Kumar Chourasia, learned counsel for the petitioner as well as learned Standing Counsel for respondent nos. 1 to 3. 2. By means of present writ petition has petitioner has challenged the orders passed by the Tehsildar, Division - Lucknow, District - Lakhimpur Kheri dated 07.10.2023, wherein under the proceedings initiated under Section 67 of the U.P. Revenue Code, 2006, have culminated resulting in the order of eviction and imposition of penalty upon the petitioner. It has been found that petitioner has been in illegal occupation of land being Gata No. 712 Ka, area 0.696 hectares wherein area of 0.003 hectares is recorded as Talab which is public utility land. 3. Against order dated 07.10.2023, the petitioner has preferred an appeal before the District Magistrate, Lakhimpur Kheri which has been rejected on the ground of limitation. 4. It has been submitted by learned counsel for the petitioner that the petitioner is an old lady who does not sufficient financial means and on the other hand order passed by the Tehsildar was not communicated by her counsel within time and for the aforesaid reasons, petitioner could not prefer an appeal before the District Magistrate. It is further submitted by learned counsel for the petitioner that substantial rights of the petitioner are involved in the present case inasmuch as in case house in which the petitioner is residing is demolished, she would be rendered homeless and unless and until due opportunity of hearing is given to the petitioner, the impugned order would result in miscarriage of justice and hence prays for setting aside of the impugned orders. 5. Learned Standing Counsel on the other hand has submitted that the petitioner could not satisfactorily explain the delay caused in filing the appeal and submits that there is no infirmity in the appellate order and prays for dismissal of the writ petition. 6. Heard learned counsel for the parties and perused the record. 7. It is noticed that delay in filing the appeal is for 20 months and it has been stated that the petitioner did not have knowledge of the order passed by the Tehsildar dated 07.10.2023 and as soon as she came to know about the impugned order, she filed the appeal before the District Magistrate. 8. It is further noticed that delay in filing the appeal was satisfactorily explained by the petitioner. Apart from above, it is also noticed that substantial rights of the petitioner are involved in the present case and consequently, liberal view should have been taken by the authorities below and delay ought to have been condoned. 9. This Court finds that adequate reasons were indicated by the petitioner for delay caused in filing the appeal and accordingly this Court sets aside the order dated 07.07.2025 and condone the delay in filing the appeal and direct the District Magistrate, Lakhimpur Kheri to proceed to consider and decide the appeal of petitioner on merits. 10. Considering the fact that much time has lapsed during pendency of present proceedings, the District Magistrate, Lakhimpur Kheri is directed to consider and decide the appeal with expedition, say within three months from the date of production of certified copy of this order. the petitioner undertakes to cooperate in the proceedings before the District Magistrate. 11. Present writ petition stands partly allowed. Order Date :- 24.7.2025 A. Verma (Alok Mathur, J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench