HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9124 of 2025 Court No. - 5 HON'BLE ALOK MATHUR, J. 1. Heard Sri Rahul Kumar Shukla, learned counsel for petitioner as well as learned Standing Counsel for respondent Nos. 1 to 3, Sri Pankaj Gupta, learned counsel has received instructions on behalf of respondent no. 4. 2. The grievance raised by the petitioner in the present writ petition pertains to the proceedings U/S 67 of U.P. Revenue Code, 2006 which have been initiated against the petitioner for having encroached upon gata no. 1044 area 0.779 hectare which according to the revenue records is a pond under category 6-1. 3. It has been stated that the petitioner has illegally encroached upon the said land and made bricks wall and also a temporary house. In the proceedings before the Tehsildar, notices were issued to the petitioner and he was duly represented by an advocate but no objection was filed by him and accordingly the matter was decided ex-parte. Accordingly, a finding was returned with regard to encroachment by the petitioner on the gaon sabha land and order for eviction and imposition of penalty was passed upon the petitioner. Versus Counsel for Petitioner(s) : Rahul Kumar Shukla Counsel for Respondent(s) : C.S.C. Jalil Ahmad @ Jalil Ali @ Jalil .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue, Lko. And Others .....Respondent(s) 4. The petitioner being aggrieved by the said order, had preferred an appeal before the District Magistrate, Shravasti. The District Magistrate also has rejected the appeal affirming the findings recorded by the Tehsildar and accordingly in the present writ petition the petitioner has challenged the order dated 06.05.2025 as well as order dated 30.12.2024. 5. Learned counsel for petitioner has submitted that his occupation is confined only to Gata No. 1039 and also submits that subsequently on an application U/S 24 of U.P. Revenue Code, 2006 demarcation proceedings were carried out from which also it is evident that the petitioner's house is existing on Gata No. 1039. Accordingly, he submits that both the orders are illegal and arbitrary deserve to be set aside. 6. Learned Standing Counsel on the other hand has opposed the writ petition. He submits that there is no dispute with regard to the fact that gata no. 1044 is recorded as a Talab which is a public utility land vested in the gaon sabha land and the petitioner has illegally encroached upon the said land being adjacent to the plot of which the petitioner claims ownership. Even the petitioner does not dispute the fact that gata no. 1044 is recorded as a Talab and in case any construction or encroachment is found on gata no. 1044 that certainly would be illegal and further submits that the constructions if any is confined only to gata no. 1039. 7. Considering the rival submissions, this Court is of the considered view that the petitioner is the recorded tenure holder of gata no. 1039 on which he claims his construction is existing. The allegations against the petitioner are that he has further encroached upon gata no. 1044 which is recorded as Talab certainly there is no dispute that petitioner does not have any right or ownership title over the said land and could not have extended his construction or occupation over gata no. 1044. WRIC No. 9124 of 2025 2 8. Both the authorities below have returned a finding that the petitioner has encroached upon gata no. 1044, there is no material which can indicate that there is any infirmity in the findings recorded and even the petitioner does not object to the arguments that he does not have any right or title of gata no. 1044. Accordingly, this Court does not find any illegality or infirmity in the impugned order, the writ petition is bereft of merits and is accordingly dismissed. 9. However, it is made clear that both the orders shall be implemented and remove encroachment only on gata no. 1044 and not on 1039 of which the petitioner claims to be a recorded tenure holder. September 24, 2025 Ravi/ WRIC No. 9124 of 2025 3 (Alok Mathur,J.) Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench