HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8247 of 2025 Court No. - 5 HON'BLE ALOK MATHUR, J. 1. Heard Shri Sudhakar Mishra, learned Counsel for the Petitioner, as well as learned Standing Counsel on behalf of the State Respondents. 2. It has been submitted by counsel for the petitioner that proceedings under Section 67 of the UP Revenue Code were initiated against the petitioner for having allegedly illegally encroached upon the land of the Gaon Sabha, situated at Gata No. 3173/0-6-4, situated at Village Deeh, Pargana Isauli, Tehsil Baldirai, District Sultanpur. The Tehsildar had issued notice to the petitioner on the basis of the report of the area Lekhpal, wherein the petitioner put in an appearance and stated that he was duly entitled to be granted protection under Section 67-A of the UP Revenue Code, inasmuch as the construction on the said land was prior to the cut-off date, i.e. 29/11/2012, and also that the said land is covered under Section 67-A of the UP Revenue Code, 2006. Accordingly, the Tehsildar/Assistant Collector noticed the contentions of the petitioner and dropped the proceedings under Section 67 of the UP Revenue Code, 2006 and directed the petitioner to move an appropriate application under Section 67-A of the UP Revenue Code so that the land can be settled in his name in accordance with the law. 3. It seems that the State was aggrieved by the order of the Tehsildar/Assistant Collector dated 27/6/2022 and had preferred an appeal under Section 67(5) before the District Magistrate, Sultanpur, who has allowed the appeal and remanded the matter back to be considered afresh Versus Counsel for Petitioner(s) : Sudhakar Mishra Counsel for Respondent(s) : C.S.C. Dayaram Kori .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt., Lko. And 3 Others .....Respondent(s) by the Tehsildar, Sultanpur. It is stated that proceedings under Section 67 have been initiated against the petitioner, despite the pendency of the proceedings under Section 67-A. 4. It is made clear that no coercive action shall be taken against the petitioner any under any order passed in remand proceeding under Section 67 of the UP Revenue Code. But in case final orders are passed in favour of the petitioner under Section 67A of the UP Revenue Code, the proceedings under Section 67 shall automatically abate but during the pendency of this petition, in case any order is passed rejecting the application under Section 67A of the UP Revenue Code, then the respondent would be at liberty to proceed under Section 67 of the UP Revenue Code. 5. In the aforesaid observations, the petition is disposed of. August 27, 2025 KR WRIC No. 8247 of 2025 2 (Alok Mathur,J.) Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench