HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9403 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for the State Respondents and Sri Pankaj Gupta, learned counsel appearing for the Gaon Sabha. 2. This writ petition has been filed with the following main prayers:- "I. Issue a writ order or direction in nature of writ order or direction in nature of Certiorari there by quashing the impugned R.C. form-20 dated 05.05.2025 passed by Tahsildar, Tahsil, Nanpara, District Bahraich i.e. opposite party no.3 bearing case no.1202508150204088, Gram Samaj versus Maksood, contained ANNEXURE NO.1 to this petition. II. Issue a writ order or direction in nature of MANDAMUS to the opposite party no.3 stay the proceeding issued in pursuance of notice dated 05.05.2025 of the case no.1202508150204088, Gram Samaj versus Maksood." 3. It has been submitted by learned counsel for the petitioner that on 15.12.1991 Gata No. 212 admeasuring 0.026 hectares was given through housing allotment to several allottees, all villagers of Gulma Gaon, Basantpur Udal, Pargana Charda, Tehsil Nanpara District Bahraich. A copy of patta dated 15.12.1991 has been filed Versus Counsel for Petitioner(s) : Nripendra Mishra Counsel for Respondent(s) : C.S.C., Pankaj Gupta Maksood Ali .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Revenue Lko. And 3 Others .....Respondent(s) as annexure no.4 to the petition. 4. It has also been submitted that such allottees also took possession of the land, later on one Shahjad Ali, who was issueless, decided to construct a mosque as there was no mosque in the village and other allottees i.e. Yasin and Samad son of Maulla Bux has also gifted their land and done hibbanama on 05.01.2005 for construction of mosque. A mosque was constructed and the land was recorded in the name of mosque as is evident from copy of Khasra dated 22.04.2020. The mosque is registered with the U.P. Suni Central Board at No. 01327. The respondents have now initiated proceedings for recovery of damages to the tune of Rs.26,04,000/-, although the petitioner has nothing to do in the matter. 5. We have gone through the annexure no.2 to the writ petition which is the alleged housing patta issued in favour of followers of Muslim faith. However such patta has been issued by Village Pradhan Ram Milan. 6. Learned counsel for the petitioner has referred to some reports signed by the Revenue Inspector and the Tehsildar on 09.09.2025 wherein it has been stated that housing site allotment file showed land for housing site being allotted to Jabbat Ali, Shejad Ali, Yasin and Hafizullah. All sons of Maulla Bux have been allotted housing sites on Gata No. 212 Minjumla of 0.026 hectares. 7. We have also gone through the instructions sent by the Tehsildar, Nanpara, Bahraich wherein it has been stated that the petitioner Maksood Ali S/o Akbar Ali has been found to be unauthorized possession of 0.024 hectare of land of Gata No. 212 admeasuring 0.044 hectare recorded as Navin Parti category 5-1 land in the Revenue Records. Proceedings under Section 67 of the U.P. Revenue Code has been initiated and Case No. T- 202508150204088 have been initiated on 05.05.2025 on the basis of report of the Lekhpal. The petitioner had appeared before the Tehsildar, Nanpara on 18.09.2025 and prayed for time to file his WRIC No. 9403 of 2025 2 objections. Next date fixed in the matter is 25.09.2025. Only after such case is decided under Section 67 proceedings for eviction shall be initiated if found appropriate. 8. The instructions are kept on record. 9. The writ petition is dismissed accordingly. September 23, 2025 Darpan Sharma WRIC No. 9403 of 2025 3 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench