Neutral Citation No. - 2025:AHC-LKO:4412 Court No. - 18 Case :- CONTEMPT APPLICATION (CIVIL) No. - 2134 of 2022 Applicant :- Nand Kishore Opposite Party :- Sri Sachin Kumar Verma, Sub Divisional Officer, Barabanki Counsel for Applicant :- Amrendra Kumar Hon'ble Manish Kumar Nigam,J. 1. This contempt application has been filed for compliance of the order dated 30.05.2022. 2. From the perusal of the order passed by the Division Bench as well as representation of the applicant, it is apparent that patta was granted to the applicant in the year 2012 and he was also put in possession over the land which was allotted to him. Thereafter, the possession of the petitioner was taken by respondent no. 5 by encroaching upon the property. The petition was filed before the Division Bench of this Court wherein learned Standing Counsel submitted that appropriate action under Section 65 of U.P. Revenue Code, 2006, shall be taken and on the basis of this consent, the Division Bench of this Court passed order to decide the proceedings on the representation of the applicant within a period of two months from the date of receipt of the certified copy of the order along with a copy of the petition/representation. 3. The Division Bench clarified that the Court has not considered the rival submission of learned counsel for the petitioner on merits. 4. When the matter is taken, the objection has been taken by learned Standing Counsel that provisions of Section 65 will not apply in a case wherein the applicant has been put in possession over the land in dispute after allotment in his favour and is subsequently, dispossessed by some other persons. The provisions of Section 65 of U.P. Revenue Code will apply only in case where at the time of allotment some person was in illegal possession of the land allotted to the allottee and he was removed under Section 65 of U.P. Revenue Code, 2006 and thereafter he again occupies the land in dispute and in such a situation proceedings are to be initiated before the criminal court and wherein if the allottee succeeds then he may be put in possession by the criminal court and not by the revenue court. Contention of the learned counsel for the applicant is supported by a judgment of this Court passed in Writ C No. 1284 of 2025 titled as Murari Singh v. State of U.P. and others on 17.01.2025. 5. However, since there is an order passed by this Court for decision on the representation of the applicant, therefore, it is directed that the authority concerned shall decide the representation of the applicant strictly in accordance with law after considering the provisions of Section 65 of U.P. Revenue Code, 2006 and the judgment passed by this Court in this regard and also hearing the respondents expeditiously within eights week. 6. With the aforesaid observation, the contempt petition stands disposed of. 7. Notices, if any, are discharged. Order Date :- 23.1.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad, Lucknow Bench