HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8535 of 2025 Court No. - 5 HON'BLE ALOK MATHUR, J. 1. Heard Shri Ashok Kumar Bajpai, learned counsel for the petitioner as well as learned Standing Counsel for respondents no. 1, 2 and 3 and Shri Dileep Kumar Pandey, learned counsel for the respondent no.4. 2. By means of present writ petition, the petitioner has challenged the proceedings initiated against the petitioner under Section 67 of the U.P. Revenue Code, 2006. 3. It has been submitted that notice under form 20 was issued to the petitioner with the allegation that he has encroached the Gaon Sabha land situated at Gata No. 364 Area 0.089 hectares, out of which, area 0.0020 hectares in village Daudnagar, Tehsil Mohanlalganj, which in the revenue records is recorded as Khalihan which is category 6-2 land vested in Gaon Sabha. 3. The petitioner in response to the said notice had filed his objections and stated that his ancestors are living for more than 100 years on land situated at Gata No. 384 and denied having encroached Gaon Sabha land at Gata No. 364. In his objections he has made allegation against the report of Lekhpal and stated that the said report was arbitrary and illegal and accordingly has prayed for fresh enquiry to be conducted by the Lekhpal. It is on the request of the petitioner that the Tehsildar (Judicial) has directed for fresh spot inspection and enquiry by the Revenue Versus Counsel for Petitioner(s) : Nitesh Pandey, Ashok Kumar Bajpai, Kadambani Lal Counsel for Respondent(s) : C.S.C., Dilip Kumar Pandey Shiv Prakash @ Shiv Prakash Yadav .....Petitioner(s) State Of U.P.Thru. Prin. Secy. Revenue Deptt., Lko. And Others .....Respondent(s) Inspector, who submitted his report on 26.2.2024. In the fresh report dated 26.2.2024 it was found that the petitioner had encroached upon Gaon Sabha land situated at Gata No. 364 area of 200 Sq. Meters and accordingly it is in the aforesaid circumstances the orders for eviction and imposition for penalty was passed by means of order dated 26.2.2024. 4. The petitioner being aggrieved by the order of the Tehsildar (Judicial), Tehsil Mohanlalganj has preferred an appeal before the Additional District Magistrate (Judicial), Lucknow, under Section 67(5) of the U.P. Revenue Code. Before the Appellate Authority the same argument was reiterated pertaining to the enquiry on the basis of proceedings initiated against him and also that only ancestral house existing in the said village was Gata Nos. 384 and 365 and denied encroached upon Gata No. 364. The Appellate Authority relied upon the enquiry report as submitted before the Tehsildar and found that there is no infirmity in the same. Apart from which, he found that the petitioner has not adduced any evidence to distinguish the previous enquiry report or to assail the same and therefore rejected the appeal and affirmed the order passed by the Tehsildar (Judicial) dated 28.2.2024. 5. In the present writ petition the petitioner has challenged the order dated 15.4.2024 as well as 28.2.2024. It has been submitted by learned counsel for the petitioner that the enquiry has not been conducted in accordance with law and that the ancestral house of the petitioner is existing at Gata No. 384 and he has not encroached upon the Gaon Sabha land at Gata No. 364. 6. Learned Standing Counsel on the other hand submits that both the Authorities below have duly considered the objections filed by the petitioner and after considering the objections both the Authorities found that as per the reports of the Revenue Inspector the petitioner has in fact encroached upon at Gata No. 364 and accordingly, assailed both the impugned orders. 7. Considering the rival submissions I notice that the allegation against the petitioner for encroaching upon Gata No. 364 of the area of 200 Sq. Meters. Though the petitioner denies this fact and urges that the WRIC No. 8535 of 2025 2 construction, if any, is limited to Gata No. 384, on which the petitioner's ancestral house is existing. In the proceedings before the Tehsildar, firstly initially the proceedings were initiated on a report dated 31.10.2022 of the Regional Lekhpal, from which it is evident that the petitioner has encroached at Gaon Sabha existing Gata No. 364 and after the petitioner's appearance before the Tehsildar(Judicial) on his request another spot inspection/ enquiry was got conducted and a fresh report was submitted on 26.2.2024. In the fresh enquiry report again it was borne out from Gata No. 364 an area of 200 Sq. Meters, accordingly it is on the aforesaid material that the Tehsildar (Judicial) as well as Additional District Magistrate has relief on to reject the claim of the petitioner. This Court also does not find other material or any evidence filed before the Tehsildar or before the Additional District Magistrate, which could demonstrate that no construction is existing on Gata No. 364. 8. Accordingly, I do not find any material to support the case of the petitioner and none was produced either before the Authorities below or before this Court in the present writ petition. Apart form above, I find that full opportunity of hearing was given to the petitioner before the Tehsildar as well as Additional District Magistrate, thus I do not find any infirmity in both the orders. 9. Accordingly, the writ petition bereft of merits and is hereby dismissed. It is made clear that order shall be enforced only with regard to Gata No. 364 and not upon Gata Nos. 384 and 365. September 9, 2025 Muk WRIC No. 8535 of 2025 3 (Alok Mathur,J.) Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench