HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8055 of 2025 Court No. - 5 HON'BLE ALOK MATHUR, J. 1. Heard Sri Dr. Ashok Kumar, learned counsel for petitioner as well as Sri Yogesh Awasthi, learned Standing Counsel for the State-respondents. 2. It has been submitted by learned counsel for petitioner that the petitioner has constructed a house on the land bearing Gata No. 1230 situated at Village Nanakganj Gaunt Jhala Pargana Gopemau, Tehsil & District - Hardoi which is against the aforesaid property that proceedings U/S 67 of U.P. Revenue Code, 2006 were initiated against the petitioner by issuance of a notice under Form -19 of of U.P. Revenue Code, 2006. 3. In his objections, the petitioner has stated that he belongs to backward class and the construction is existing since 01.05.2002 and accordingly the petitioner is entitled for protection U/S 67 A of U.P. Revenue Code, 2006 considering that the construction has been made prior to 29.11.2012. 4. The report of the Lekhpal also stated that the construction of the house in which the petitioner is residing is very old and apart from the land in which the said construction is made was Usar and hence the Assistant Collector / Tehsildar (Judicial) dropped the proceedings U/S 67 of of U.P. Revenue Code, 2006 directing the petitioner to seek appropriate directions U/S 67A of U.P. Revenue Code, 2006. 5. Despite the orders having been passed on 07.02.2018, it seems that no action was taken by the petitioner in light of the order dated 07.02.2018. Against the order dated 07.02.2018, an appeal was filed by the State Versus Counsel for Petitioner(s) : Ashok Kumar, Alpana Yadav, Sadaf Sheikh Counsel for Respondent(s) : C.S.C., Dilip Kumar Pandey Makir Hussain .....Petitioner(s) State Of U.P. Thru. Collector, Hardoi And Others .....Respondent(s) before the District Magistrate. 6. Before the District Magistrate, it was stated that petitioner is occupying gaon sabha land illegally and arbitrarily without there being any patta or any revenue records in his favour and consequently he should be evicted from the same. The District Magistrate also noticed the fact that in the Gata No. 1230 the petitioner has already sold 1000 sq. ft. of plot to one Gulshere and in the aforesaid circumstances set aside the order dated 07.02.2018 and remitted the matter back to the Tehsildar (Judicial) for determining the matter afresh. 7. Learned counsel for petitioner while assailing the impugned order has submitted that in the present case the appeal has been filed by the State while in this case the appeal can only be filed by the gaon sabha. 8. Undoubtedly, the petitioner had appeared in the appellate proceedings before the District Magistrate and no objections were taken by him with regard to delay in filing of the said appeal or that the appeal at the behest of the State was not maintainable. Even otherwise, this Court finds that even if the land is a public utility land and is supposed to be looked after by the gaon sabha and certainly remains as a land of the State and State certainly has a right to interfere in such proceedings. 9. Further a perusal of the impugned order, this Court finds that even in the appellate proceedings, the petitioner could not justify his occupation on the said land or demonstrate any right, title or interest therein. It is further noticed that as far as question pertaining to selling of 1000 sq. ft. of the land is concerned a first information report has also been lodged against the petitioner on 13.12.2017. 10. Apart from the above, this Court finds that no person can be permitted to irrigate or convert to his own use any land of the State except in accordance with law and therefore firstly the petitioner did not comply with the order dated 07.02.2018 or initiate any proceedings to settle his claim as per Section 67A of U.P. Revenue Code, 2006 for a substantial length of time and therefore the same necessitated the State from filing the appeal against the order of the Assistant Collector / Tehsildar. Apart from the above, this Court finds that the matter has only WRIC No. 8055 of 2025 2 been remitted to the Assistant Collector / Tehsildar where the petitioner will be able to place all the material to defend his occupation upon Gata No. 1230. 11. It has further been made clear that in case the petitioner wants to assert his rights as per Section 67A of U.P. Revenue Code, 2006 he will be entitled to file appropriate application before the competent authority and in case such an application is filed the same may be considered and decided with expedition in accordance with law. It is further made clear that proceedings U/S 67A of U.P. Revenue Code, 2006 shall be decided first before any order is passed in proceeding U/S 67 of U.P. Revenue Code, 2006. 12. In case the application is already filed, he shall initiate proceedings U/S 67A of U.P. Revenue Code, 2006 within two weeks from today and the protection granted hereinabove will only be available in compliance with the order dated. 13. In light of the above, the writ petition stands disposed of. August 28, 2025 Ravi/ WRIC No. 8055 of 2025 3 (Alok Mathur,J.) Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench