Neutral Citation No. - 2025:AHC-LKO:45060 Court No. - 5 Case :- WRIT - C No. - 7494 of 2025 Petitioner :- Narendra Kumar Mishra Respondent :- District Magistrate, Pratapgarh And 2 Others Counsel for Petitioner :- Himanshu Tiwari,Ajeet Kumar,Vedika Dwivedi Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Alok Mathur,J. 1. Heard Sri Ajeet Kumar, learned counsel for petitioner as well as learned Standing Counsel for the State respondent Nos. 1 & 2 and Sri Pankaj Gupta, learned counsel for respondent No. 3. 2. It has been submitted by learned counsel for petitioner that there were allegations against the petitioner with regard to his encroachment upon the Gata No. 28 area 0.530 situated at Village Dalapatti, Tehsil Lalganj, District Pratapgarh in which proceedings U/S 122B of U.P. Z.A. & L.R. Act were initiated against him and were concluded on 28.11.2006 holding that the petitioner had encroached upon the gaon sabha land situated at Gata No. 280 which is recorded as Shamshan. 3. The petitioner being aggrieved by the order dated 11.02.2006 had filed an appeal before the District Magistrate, Pratapgarh. In the said appeal, he had stated that he had not encroached upon the gaon sabha land situated at gata No. 280 but the construction has confined to the ancestral property situated at gata No. 280 and submits that the findings are contrary, illegal and arbitrary and deserves to be entertained. 4. He has further drawn attention of this Court to a report submitted by 6 officials including Naib Tehsildar, Lalganj, Pratapgarh along with other revenue officials had conducted a spot inspection on 22.11.2023 where it was found that land situated at Gata No. 280 which is recorded as Shamshan. While the entire construction of the petitioner is confined to gata No. 282 and no part of his construction exists to gata No. 280. 5. The appellate authority has taken note of the said report but he has neither discussed the said report nor given any reasons for coming to contrary finding than there was recorded in the said report. In case the District Magistrate was of the opinion that the petitioner has in fact made encroachments on the gaon sabha land situated at gata No. 280 then he should have also considered the report which is in favour of the petitioner and giving reasons for not accepting the same. 6. Accordingly, once a detail report has been filed by the revenue authorities in favour of the petitioner the same ought to have been adequately considered by the District Magistrate and by not rejecting the said report or distinguishing the said report the order passed by him is clearly illegal and arbitrary and has been passed without any application of mind. Accordingly, the appellate order dated 28.02.2024 passed by District Magistrate, Pratapgarh being illegal and arbitrary is set aside. The matter is remanded to the District Magistrate, Pratapgarh for passing a fresh order in accordance with law. In the fresh order to be passed by him, he shall duly take notice and consider the findings recorded in the spot inspection report dated 22.11.2023. 7. Let the fresh order be passed by District Magistrate, Pratapgarh within next six weeks from the date a certified copy of this order is produced before him. The petitioner undertakes to cooperate in the proceedings. 8. In light of the above, the writ petition stands allowed. Till the fresh order is passed, no coercive measure shall be taken against the petitioner in pursuance of the order dated 28.11.2006. The interpretation shall seize the moment the fresh order is passed by the District Magistrate, Pratapgarh. (Alok Mathur, J.) Order Date :- 4.8.2025 Ravi/ Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench