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2025 DAILYLAW 160586 (ALL)

BRIJRAJ @ BIRJU YADAV AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT., LKO. AND 3 OTHERS

WRIC/8529/2025 · 2025-09-09

Alok Mathur

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8529 of 2025 Court No. - 5 HON'BLE ALOK MATHUR, J. 1. Heard Shri Ravindra Kumar Yadav, learned counsel for the petitioners as well as learned Standing Counsel for respondents no. 1 to 3 and Shri Mohan Singh, learned counsel for the respondent no.4. 2. The petitioners have challenged the proceedings under Section 67 of the U.P. Revenue Code initiated against them with the allegations that they have encroached upon Gata No. 340 M/1.351 hectares. After which, an encroachment is on 0.016 hectares on land situated at Gram Sirsiya Tihayatpur, Pargana Bidhar, Tahsil Alapur, District Ambedkar Nagar 2. It has been submitted that notice under Form 19 was issued to the petitioners on the basis of report submitted by Area Lekhpal on 19.01.2018. On which the petitioners are alleged to have encroached. Despite notices have been issued to the petitioners, they did not submit any objection or participate in the proceedings and hence the orders for eviction and imposition were imposed upon the petitioner, by means of order dated 17.01.2023. Petitioners against the order dated 17.01.2023 have preferred an application for recall but the same was also rejected exparte, by means of the order 7.3.2025, as the petitioners did not appear to press the said application, 3. Assailing both the aforesaid orders, the petitioners filed an appeal before the District Magistrate, Ambedkar Nagar under 67(5) of the U.P. Revenue Code. In the appeal the inspection report was also challenged Versus Counsel for Petitioner(s) : Ravindra Kumar Yadava Counsel for Respondent(s) : C.S.C., Mohan Singh Brijraj @ Birju Yadav And Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue Deptt., Lko. And 3 Others .....Respondent(s) and only the averment was made that the petitioners have not encroached any Gaon Sabha land. The District Magistrate, while rejecting the appeal counsel for the petitioners has held that the petitioners have not adduced any evidence in support of his contentions and further that his encroachment over the Gaon Sabha land is demonstrated by the report of the Revenue Authorities and accordingly found that no ground was made out for interference with the order of the Tehsildar. 4. Before this Court also, both the orders have been challenged. The petitioners have only stated that they have not encroached upon the Gaon Sabha land but there is no material or evidence which could justify their occupation of Gaon Sabha land. Further both the Authorities have concurrently held that the petitioners have encroached upon the Gaon Sabha land as per the report of the Revenue Authorities. There is no material adduced by the petitioners which could persuade this Court or taking another view from what has been recorded either by the Tehsildar or by the District Magistrate, while deciding the appeal of the petitioners. 5. Accordingly, I do not find any ground to interfere with both the orders, the writ petition is bereft from merits and is accordingly dismissed. September 9, 2025 Muk WRIC No. 8529 of 2025 2 (Alok Mathur,J.) Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench