HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 7500 of 2025 Court No. - 5 HON'BLE ALOK MATHUR, J. 1. Heard Sri Chandra Bhanu Singh, learned counsel for the petitioner as well as learned Standing Counsel for respondent nos. 1 and 2 and Sri Govind Kumar, Advocate holding brief of Sri Mohan Singh, learned counsel for respondent no. 3. Sri Alok Kumar Mishra, learned counsel appearing for respondent no. 4. 2. Grievance raised by the petitioner in the present writ petition is in relation to the orders passed under Section 67 of the U.P. Revenue Code, 2006 (herein after referred to as "the Code, 2006") wherein by order dated 24.10.2024, the objections preferred by the petitioner against notice issued under Section 67, of the Code, 2006 was rejected and he had declared the petitioner to be illegally encroaching upon the Gaon Sabha land and orders of eviction and imposition of penalty were passed. 3. In the notice issued to the petitioner it was stated that he had illegally and arbitrarily encroached upon the land situated at Gata No. 6077, situated at Village - Bahadurpur Dakhili Jayas, Pargana - rokha, Tehsil - Tiloi, District - Amethi, which was recorded as "Navin Parti" in the revenue records. The petitioner in his objections as stated that the said land infact belongs to Nagar Palika and also that a civil suit for declaration is already pending before the Civil Court and accordingly, has opposed the proceedings under Section 67 of the Code, 2006. 4. After filing objections, the petitioner did not appear before the Versus Counsel for Petitioner(s) : Chandra Bhanu Singh Counsel for Respondent(s) : C.S.C., Alok Kumar Mishra, Mohan Singh Mohd Kayum .....Petitioner(s) State Of U.P. Thru. Collector, Amethi And Others .....Respondent(s) Tehsildar and the matter was decided ex-parte against petitioner by order dated 24.10.2024, holding that petitioner has illegally encroached upon the Gaon Sabha land. Against order dated 24.10.2024, appeal was filed by the petitioner before the District Magistrate, Amethi, where also after considering the statement of petitioner, order of Tehsildar was up held and appeal preferred by the petitioner was rejected. The petitioner assailed both the order in the present writ petition and has reiterated his arguments sating that civil suit with regard to the disputed property is pending and als that the said land falls within the municipal area. 5. Learned Standing Counsel on the other hand has opposed the writ petition and has submitted that no evidence was filed by the petitioner which could demonstrate that provisions of the Code, 2006 are not applicable upon the disputed land. Apart from the above, it was stated that the said land is recorded in the Nagar Palika and accordingly public utility land and petitioner is illegally occupying the same and accordingly has supported the orders passed by the Tehsildar and District Magistrate. 6. Due opportunity of hearing was given to the petitioner by both the revenue authorities, but petitioner in his defense could not adduce any documentary or oral evidence indicating justification of his occupation upon the disputed land. In case petitioner was in possession before the cut off date 24.11.2012, then he could also move an application under Section 67A of the Code, 2006 to regularize his occupation upon the disputed land. 7. Accordingly, considering the aforesaid facts and from perusal of the record, this Court do not find any infirmity in the impugned orders. The writ petition being devoid of merits is dismissed. 8. However, it is the case of the petitioner that he has been in occupation of the disputed land for more than 25 years, liberty is granted to the petitioner to move an application under Section 67A of the Code, 2006. In case petitioner makes out case under Section 67(A) of the Code, 2006, then he may file an application for recall of order passed by the District Magistrate dated 14.05.2025, which shall be disposed of, and appropriate order under Section 67A of the Code, 2006 shall be passed in favour of WRIC No. 7500 of 2025 2 petitioner. 9. Subject to aforesaid directions, present writ petition stands dismissed. August 28, 2025 A. Verma WRIC No. 7500 of 2025 3 (Alok Mathur,J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench