HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8730 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the petitioner and the learned Standing Counsel, who appears on behalf of opposite parties no.1 to 4. 2. This writ petition has been filed with the following main prayers:- "1. issue a writ, order or direction in the nature of Mandamus, the opposite parties thereby directing the opposite party no. 2 & 4 not interfere of peaceful possession of petitioner in Gata No. 4911, Area 0.0320 hectare situated at Village Nanpara Dehati, Pargana Nanpara, Tehsil Nanpara District Baharaich in the interest of justice. ii. issue a writ, order or direction in the nature of Mandamus commanding the opposite party no.2 to decided the application pending before him on 18.12.2024 as A nnexure No.1 in the interest of justice” 3. It is the case of the petitioner that he is a landless labourer and also belongs to the Scheduled Caste and the father of the petitioner has built a hut about 50 years ago in Gata No.4911/0.0320 hectare situated at Village Nanpapa Dehati, Pargana Nanpara, Tehsil Nanpara, District Bahraich. The Gram Pradhan has submitted a wrong report in collusion with the Area Lekhpal saying that petitioner has built his house/hut over Gata No.4900/0.1250 hectare, which was recorded in the revenue record as ‘ Kalihan’. The petitioner has given an application to opposite party no.4 to correct the gata number mentioned in the report submitted by the Area Lekhpal as the petitioner's father built his house/hut over the land in Gata No.4911/0.320 hectare and not on Gata No.4900/0.1250 hectare as mentioned wrongly in the report. The said application is pending. Hence Versus Counsel for Petitioner(s) : Mohammad Irfan Siddiqui Counsel for Respondent(s) : C.S.C. Ambika Prasad .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue Lko. And 3 Others .....Respondent(s) this writ petition has been filed with the aforesaid prayers. 4. Learned Standing Counsel has produced a copy of the instructions dated 06.09.2025 sent by the Tehsildar, Nanpara, Bahraich, wherein it has been stated that petitioner was found illegally encroached the Khalihan land also. Section 67(1) of the U.P. Revenue Code, 2006 proceedings were initiated against him. Copy of the order dated 27.07.2024 passed in Case No.T202008150207793, Gram Sabha Vs. Ambika Parasad relating to encroachment of Gata No.4911/0.032 hectare recorded as ‘Khalihan’ has been enclosed to the said instructions. 5. It has been submitted that in the order dated 27.07.2024 while ordering for eviction of the petitioner, the Revenue Inspector was directed to ensure that petitioner is accommodated somewhere else by the appropriate resolution of the Land Management Committee of the Gram Sabha concerned. 6. It has been submitted by the learned Standing Counsel appearing on behalf of the State-opposite parties that the order dated 27.07.2024 passed under Section 67(1) of the U.P. Revenue Code, 2006 has not been challenged by the petitioner. It has also not not been brought on record and no mention has been made of this order in the pleadings also. 7. Instructions are kept on record. 8. Writ petition is dismissed leaving it open for the petitioner to challenge the order dated 27.07.2024 before appropriate authority. September 8, 2025 Rao/- WRIC No. 8730 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench