HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 7894 of 2025 Court No. - 5 HON'BLE ALOK MATHUR, J. 1. Heard Shri Mohd. Zafar Khan, learned counsel for the petitioner as well as learned Standing Counsel for respondents no. 1 to 3 and Shri Dileep Kumar Pandey, learned counsel for the respondents no. 4 and 5. 2. The grievance in the present writ petition is that with regard to the location of plot no. 1953 Ka which has been purchased by the petitioner through a sale deed, while according to the respondents the petitioner is in illegal occupation of property of Gata No. 1953 Kha situated at village Kalli West, Pargana Bijnor, Tehsil Sarojni Nagar, District Lucknow, which is recorded as 'Navin Parti' and the land reserved for public utility by the Gaon Sabha. 3. According to the petitioner, he has purchased the land in the name of his wife Smt. Mithlesh situated at Gata No. 3687 before the consolidation proceedings. After the consolidation proceedings Gata No. 3687 was sub divided into Gata No. 1953 Ka and 1953 Kha, situated at village Kalli West, Pargana Bijnor, Tehsil Sarojni Nagar, District Lucknow. 4. It is on the basis of the report submitted by the Revenue Authorities that proceedings were initiated against the petitioner under Section 67 of U.P. Revenue Code, 2006. The petitioner has appeared in the proceedings and Versus Counsel for Petitioner(s) : Mohd. Zafar Khan Counsel for Respondent(s) : C.S.C., Dilip Kumar Pandey Shiv Balak .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue Deptt., Lko. And Others .....Respondent(s) filed his objections stating that all the constructions made by the petitioner are confined in the property purchased by him situated at Gata No. 1953 Ka. The respondents on the other hand relied upon the report submitted by the Lekhpal, from which it is evident that the petitioner is in illegal occupation of land situated at Gata No. 1953 Kha and accordingly by means of the order dated 16.7.2022 passed orders for eviction of the petitioner and also for imposition of penalty. 5. Aggrieved by the aforesaid order, the petitioner has filed an appeal before the Additional District Magistrate (Finance & Revenue), Lucknow and the A.D.M. (F&R), Lucknow has rejected the appeal upholding the findings recorded by the Tehsildar. 6. After hearing the submissions of the petitioner as well as the learned Standing Counsel, I find that it is not disputed that the petitioner is entitled for occupation of the land situated at Gata No. 1953 Ka, while the respondents alleged that he has also occupied at Gata No. 1953 Kha. Learned counsel for the respondents further submits that this dispute can be resolved in case the petitioner moves an appropriate application under Section 30(2) of the U.P. Revenue Code, where the Min. numbers can be revived in the manner prescribed in the revenue record ignoring map and Khasra, can be correctly, accordingly. 7. Accordingly, in the light of the above, liberty is granted to the petitioner to move an appropriate application under Section 30(2) of the U.P. Revenue Code within next two weeks. In case, such an application is given, the District Magistrate shall proceed to consider and pass appropriate order thereon with expedition, say within a period of three months from the date a certified copy of this order is produced before him, in accordance with law. In case, the District Magistrate concerned, is so inclined that the petitioner has not illegally occupied the land situated at Gata No. 1953 Kha, which is recorded as 'Navin Parti', the petitioner will be at liberty to move an application to recall the order dated 8.5.2025 and while considering the application for recall, a fresh order be passed by the District Magistrate WRIC No. 7894 of 2025 2 under Section 30(2) of the U.P. Revenue Code shall be taken into account while on the other hand in case, it is found that the petitioner is in illegal occupation of the land situated at Gata No. 1953 Kha, the respondents shall be at liberty to proceed and comply with the order dated 8.5.2025, passed by the Additional District Magistrate, (Finance & Revenue), Lucknow. 8. In case, the petitioner files appropriate application within two weeks, as directed by this Court and till the final orders are passed by the District Magistrate, no coercive action shall be taken against the petitioner in pursuance of the impugned order dated 8.5.2025. It is made clear that once appropriate orders are passed by the District Magistrate under Section 30(2) of the U.P. Revenue Code, protection granted by this Court shall come to an end. 9. With the aforesaid directions, this petition stands disposed of. August 26, 2025 RKM. WRIC No. 7894 of 2025 3 (Alok Mathur,J.) Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench