HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CIVIL MISC REVIEW APPLICATION DEFECTIVE No. - 164 of 2025 Court No. - 5 HON'BLE ALOK MATHUR, J. C. M. Application No.1 of 2025- for condonation of delay. 1. Heard Sri Angad Prasad Shukla, learned counsel for the review applicant as well as learned Standing counsel. 2. The cause shown is sufficient. Application is allowed. 3. The delay in filing the review- application is condoned. Order on memo of the petition 1. Heard Sri Angad Prasad Shukla, learned counsel for the review applicant as well as learned Standing counsel. 2. In support of the review-application the applicant submits that even before the authorities below he had stated that he had planted certain trees and only to protect the same he had fenced the said trees by a barbed wire. He submits that there is no intention of illegally encroaching the gaon sabha land and only to protect the said trees the said action was taken. He further submits that he does not object to the findings returned by this Court. He further submits that he has no intention to encroach either any land or any tree which were alleged to be planted by him and further submits that aforesaid order under Section 67 of Revenue Code has been passed though it has been stated that barbed fencing has been removed Versus Counsel for Applicant(s) : Angad Prasad Shukla, Pt. S. Chandra Counsel for Opposite Party(s) : Parashuram Yadav .....Applicant(s) State Of U.P. Thru. Secy. Revenue Deptt., Lko. And Others .....Opposite Party(s) and there is no further encroachment by the petitioner nor any construction is existing on the disputed land. His prayer is confined only to unreasonable amount of penalty levelled upon the petitioner. 3. Learned Standing counsel has submitted that in case the petitioner is aggrieved by the amount of penalty, he can move appropriate application and raise this issue before the appellate authority who can decide himself after obtaining report from the trial court in this regard. 4. Accordingly, in the aforesaid circumstances, especially considering the fact that there is no illegal construction existing on the disputed land and also considering the fact that there is no temporary or permanent construction made by the petitioner, which prima facie clearly indicates that there is no intention of taking over the Gram Sabha land. 5. Opportunity is given to the petitioner to assail the quantum of penalty imposed upon the petitioner before the appellate authority and is given liberty to to file suitable application before the Collector for revisiting/removing the amount of penalty. Let appropriate orders in this regard be passed in accordance with law. 6. With aforesaid direction, the review- application stands disposed of. November 3, 2025 RKM. CMRAD No. 164 of 2025 2 (Alok Mathur,J.) Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench