Neutral Citation No. - 2025:AHC-LKO:47132 Court No. - 5 Case :- WRIT - C No. - 7677 of 2025 Petitioner :- Jagarana Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. U.P. Lko. And 3 Others Counsel for Petitioner :- Krishna Gopal Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J. 1. Heard Sri Krishna Gopal, learned counsel for the petitioner as well as learned Standing Counsel for respondents. 2. Grievance raised by the petitioner in the present writ petition is with regard to order dated 20.03.2025, passed by the Tehsildar, Tehsil - Nawabganj, District - Barabanki in proceedings under Section 67 and 67A of the U.P. Revenue Code, 2006 (hereinafter referred to as "the Code, 2006"). 3. It has been submitted by learned counsel for the petitioner that she had received notice under Section 67 of the Code, 2006 with regard to alleged encroachment over Gaon Sabha land being Gata No. 258/0.0550 hectares, situated in Village - Jinhauli, Pargana and Tehsil - Nawabganj, District - Barabanki, which is recorded as "Banjar" in the revenue records is Gaon Sabha land. During the said proceedings, petitioner has stated that she belongs to Scheduled Caste and prior to 2010, on Gata No. 258, she has constructed a house and accordingly would be entitled for the benefit of Section 67A of the Code, 2006. 4. The competent authority has duly recorded petitioner's contention, and dismissed her objections holding that she is in unauthorized occupation over the Gaon Sabha land situated at Gata No. 258/0.0550 hectares. It is clear from the perusal of the impugned order that claim of the petitioner under Section 67A of the Code, 2006 has not been considered. It is noticed that once in proceedings under Section 67 of the Code, 2006, if it comes to the knowledge of the competent authority, that noticee is in occupation of Gaon Sabha land, prior to the cutoff date i.e. 29.11.2012 and is such land on which provisions of Section 67A of the Code, 2006 are applicable, then he should consider the case of such person under Section 67A of the Code, 2006, rather then proceed to adjudicate directly on the allegations and decide the case under Section 67 of the Code, 2006. 5. 5. In the present case it is clear that the petitioner has stated that she is in occupation of the said land prior to 2010 and also that the said land is recorded as "Banjar", of which benefit under Section 67A of the Code, 2006 was admissible to the petitioner, but, the authority concerned without making any adjudication he has rejected the application under Section 67 of the Code, 2006. 6. The Authority/ Court having jurisdiction to decide the proceedings taken out under Section 67 of the Code or Section 67(A) of the Code is the same. When the defence of Section 67(A) of the Code is taken in proceedings of Section 67 of the Code, the same issues will be directly and substantially in issue in both the proceedings. Usually in such matters pleadings, defence, and evidence of the parties are same in both the proceedings. In case proceedings under Section 67 and 67(A) of the Code are conducted separately and in isolation to one another, it would lead to multiplicity of litigation and inconsistent judgments. There will also be an avoidable delay in decision of the controversy and may even result in miscarriage of justice. 7. The Courts in proceedings under Section 67 of the Code are under obligation of law to decide the eligibility of the noticee for protection under Section 67(A) of the Code. In case defence under Section 67(A) of the Code is taken by the noticee, the said proceedings shall be registered separately. But both cases will be consolidated and heard and decided together. 8. This procedure would faithfully implement the legislative intent and also serve the interest of justice. 9. In wake of preceding discussion, the impugned notice dated 28.07.2025 issued by the Lekhpal, Karauli and order dated 20.03.2025 passed by the Tehsildar, Division – Ayodhya, Tehsil – Nawabganj, District - Barabanki, are vitiated and contrary to law. The orders dated 28.07.2025 and 20.03.2025 are liable to be set aside and are set aside. 10. The matter is thus remitted to the respondent No. 4 - Tehsildar, Tehsil - Nawabganj, District - Barabanki, for a fresh determination consistent with the observation made in this judgment. 11. The following directions are being passed to serve the interest of justice in this case: (i) The petitioner shall file a fresh application under Section 67(A) of the Code before the respondent No. 4 - Tehsildar, Tehsil - Nawabganj, District - Barabanki, within a period of one month from the date of production of a certified copy of this order. (ii) The respondent No. 4 - Tehsildar, Tehsil - Nawabganj, District - Barabanki, shall register the proceedings under Section 67(A) of the Code upon submission of such application. (iii) Proceedings under Section 67(A) of the Code so instituted shall be consolidated and heard with proceedings under Section 67 of the Code registered as Case No. 14339 of 2024 (Computerized Case No. T202404120114339) - Gaon Sabha Vs. Jagrana and decided by a common order, consistent with the observations made in this judgement. (iv). Prior to passing final judgement the Court/Authority concerned shall ensure that demarcation of disputed parcels of lands is completed as per law. 12. The writ petition is allowed. Order Date :- 12.8.2025 A. Verma (Alok Mathur, J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench