HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8244 of 2025 Court No. - 5 HON'BLE ALOK MATHUR, J. 1. Shri Vijay Kumar, learned counsel for the petitioner as well as learned Standing Counsel on behalf of respondents no.1 to 4 and Shri Dilip Kumar Pandey, learned counsel on behalf of respondent no.5. 2. The present proceedings, which have been challenged by the petitioner, arise out of invocation of Section 67 of the UP Revenue Code, whereby it was alleged that the petitioner had encroached upon 430 square meters of Gaon Sabha land situated at Gata No.1157, area, 0.3980 hectare situated at Village Sundarpur, Pragana and Tehsil Sandila, which is recorded as a grove land. 3. Notice was issued to the petitioner, where he appeared before the Lekhpal / the Additional Collector (Judicial), Hardoi i.e. opposite party no.3, and filed his objections before the Additional Collector/Tehsildar. The report of the area Lekhpal was also submitted and his statement was recorded. The Tehsildar/Additional Collector duly considered the objections of the petitioner and found that, as per the report of the Lekhpal, the land situated at Gatta No. 1157 is recorded as grove land, and a pucca construction is existing over the said land, constructed by the petitioner and accordingly, the petitioner is in illegal occupation of the same. Apart from the above, the petitioner himself accepted the fact of construction over the disputed land, and in the aforesaid circumstances, the Nayab Tehsildar returned the findings that the petitioner has deliberately and illegally encroached upon the Gaon Sabha land, and passed order for eviction and imposition of a penalty. Versus Counsel for Petitioner(s) : Vijay Kumar, Rajendra Kumar Counsel for Respondent(s) : C.S.C., Dilip Kumar Pandey Ameerhasan .....Petitioner(s) State Of U.P. Thru. Secy. Deptt. Of Revenue, Lko. And Others .....Respondent(s) 4. The petitioner, being aggrieved by the order dated 12.09.2022, has preferred an appeal before the Additional District Magistrate (Judicial), Tehsil Sandila, District Hardoi. The appellate authority also concurred with the findings of the Tehsildar and also considered the entire material on record. 5. I have perused the report of the area Lekhpal in detail and found that a map was prepared by him, indicating the boundaries wherein the petitioner had made illegal encroachment in Gatta No. 1157 of the said village and accordingly, I did not find any ground for interference and rejected his appeal by order dated 14.05.2025. 6. Before this court, the petitioner has reiterated the arguments which have been made raised before the authorities below. It has been submitted by counsel for the petitioner that the possession over the said land is for nearly more than 35 years, and accordingly, after such a long time, the said possession cannot be disturbed. But the petitioner does not dispute the fact that the said land is recorded as Gaon Sabha land, and there is no material or documents which may indicate that the petitioner has any right, interest, or title over the said land. Accordingly, in the aforesaid circumstances, I do not find any infirmity in the impugned orders, especially when the admission of the petitioner himself has been recorded by the Tehsildar with regard to the illegal occupation of the said land. 7. Accordingly, the petition is bereft of merit, and it is hereby dismissed. 8. However, in case, any scheme of the government for grant of land to landless persons in the village and the petitioner is found to be entitled, he may move an appropriate application before the competent authority, who may consider the same sympathetically, and in case any benefits of the same may be extended to the petitioner. August 27, 2025 KR WRIC No. 8244 of 2025 2 (Alok Mathur,J.) Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench