HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11410 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the State Respondents. 2. This writ petition has been filed with the following main prayers:- "(i) to issue appropriate writ, order or direction similar to the nature of writ of certiorari to quash the impugned notice dated 12-11-2025 issued by the O.P. No.4 (contained as annexure no.1). (ii) to issue appropriate writ, order or direction in the nature of mandamus commanding the opposite parties for not take any action on the basis of notice dt. 12-11-2025. (iii) to issue a writ order or direction to the opposite parties by restraining them to draw any demolish and dispossession work without adopting the procedure prescribed in the law." 3. It has been submitted by learned counsel for the petitioner that the petitioner's family is residents of Village Paniyar for more than 200 years and the detailed pedigree has been mentioned in paragraph 3 of the writ petition. All persons of the family are residing in the village known as 'Daya Ram Pandy ka Purwa'. The father of the petitioner died in 2018, thereafter, partition took place amongst the several co-partitioners. The petitioner was given a share of the house with his access towards the west and the western portico. All of a sudden, the Tehsildar, Gauriganj, pasted a notice on the door of the house of the petitioner on 12.11.2025 stating that the petitioner is in illegal possession over Plot No. 290, area 0.013 hectare, without there being any proceedings drawn up in accordance with the Revenue Court in case there is alleged encroachment of Gram Sabha Versus Counsel for Petitioner(s) : Girish Chandra Sinha Counsel for Respondent(s) : C.S.C. Rudra Mani Shukla .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. And 3 Others .....Respondent(s) land. Hence this petition has been filed. 4. Learned Standing Counsel, on the basis of instructions sent by the Tehsildar, Gauriganj, Amethi, dated 18.11.2025, has stated that on the spot inspection was carried out by the Naib-Tehsildar, Jamo, who has reported that the house situated on Gata No. 290, which is recorded as Charagah under Category 5-3-E, is Gram Sabha land. The total area of Gata No. 290 is 0.7510 hectare. The petitioner's house was found to have encroached upon area 0.0130 hectare on such land of Charagah. Hence notice was issued by the respondent on 12.11.2025. 5. There is no mention in the instructions sent by the Tehsildar, Gauriganj, as to whether any case under Section 67 was instituted against the petitioner. 6. This writ petition is disposed of with a direction to the Sub-Divisional Magistrate concerned to ensure that appropriate proceedings are initiated under Section 67 of the Revenue Code within a week and opportunity of hearing is given to all concerned and an appropriate order is passed thereafter within a period of three months. 7. For a period of three months, no demolition of the house in question shall be carried out. 8. It is clarified that this order has been passed on the basis of instructions made available to this Court, which do not say on any proceedings under Section 67 being initiated. However, if Section 67 proceedings have already been initiated and stand concluded against the petitioner, then the benefit of this order shall not be granted to the petitioner. November 24, 2025 Darpan Sharma WRIC No. 11410 of 2025 2 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench