HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10754 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J. This writ petition has been filed by the petitioner for the following relief :- (a) Issue order or direction in the nature of certiorari to quash the notice no.490 dated 24.10.2025 issued by opposite party no.5 under section 5-A(2) The Public Premises (Eviction of Unauthorised Occupants) Act, 1971 for removal of encroachment from Gata no.372 ग Village- Sarai Saif Pargana Pali tehsil- Sawyajpur, Distt- Hardoi which is annexed as Annexure no.1. (b) Issue an order or direction in the nature of mandamus commanding opposite party no.5 not to demolish the petitioner's house situated on Gata no.372 ख Village Sarai Saif Pargana Pali tehsil-Sawyajpur, Distt- Hardoi and not take any action in continuation of notice no.490 dated 24.10.2025. (c) Issue an order or direction in the nature of mandamus commanding opposite party no.5 not to proceed any action without following procedure stablished by law for removal of encroachment from Gata no.372 ग Village- Sarai Saif, Pargana- Pali, tehsil Sawyajpur, Distt-Hardoi. It has been submitted by learned counsel for the petitioner that the provisions of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (hereinafter referred to as "the Act, 1971") are not applicable, under which the Executive Officer has issued a notice to the petitioner. It has been submitted by learned counsel appearing on behalf of the Nagar Palika Parishad, on the basis of instructions, that a complaint was received alleging that the petitioner had constructed his house Versus Counsel for Petitioner(s) : Dhananjay Trivedi Counsel for Respondent(s) : C.S.C., Jitendra Kumar Singh Bal Krishna Pandey .....Petitioner(s) State Of U.P. Thru. Secy. Revenue Deptt. And 5 Others .....Respondent(s) over a road which was in existence on Gata No. 372ग of Village Sarai Saif, Pargana Pali, Tehsil Sawayajpur, District Hardoi. He has produced before this Court copies of the khatoni of Gata No.372क, which records the names of Akhilesh Kumar, Chandrahas, Brijesh Kumar, Manoharlal, Ram Bahadur, Vegdarshi, Sudhir Kumar, and Sumit Kumar as tenure holders of Gata No. 372क admeasuring 0.0100 hectare; Khatoni of Gata No.372ख, showing Chandrahas, Manoharlal, Mamta Devi, and Sanjay Kumar as tenure holders of land admeasuring 0.1300 hectare; and Khatoni of Gata No. 372ग, recorded as rasta (road) admeasuring 0.1500 hectare. It has also been submitted, on the basis of the spot memo prepared by the area Lekhpal, Pali, dated 14.08.2025, that on a complaint being made, an inquiry was carried out and it was found that the tenure holders of Gata Nos.372क and 372ख had constructed their houses on the entire land and no road was in existence on Gata No.372ग admeasuring 0.1500 hectare in Village Sarai Saif Panchsala . Therefore, it was presumed that the tenure holders had occupied the entire land instead of leaving the road on Gata No.372ग and hence, a notice was issued for removal of obstruction under the Act, 1971. Learned counsel for the respondents has also pointed out that in the revenue map of the concerned village a road has been shown on Gata No.372. No actual physical partition has taken place under Section 30 of the U.P. Revenue Code, 2006; therefore, no demarcation exercise could have been carried out under Section 24 of the said Code by the area Lekhpal. The Lekhpal has merely presumed that construction has been raised, without actually and physically demarcating Gata No.372 into minjumla numbers Gata Nos. 372क, 372ख, and 372ग. We find, from a perusal of the Act, 1971 and the definition clauses therein, that it has limited application in the present case as there is no government building or land appurtenant thereto or any garden, grounds or outhouses appertaining to such building, so as to invoke the provisions of the Act, 1971. WRIC No. 10754 of 2025 2 In case, after the constitution of the municipality, the land of Village Sarai Saif Panchsala has vested in the Municipality, the appropriate provision to be invoked would be Section 265(1)(f) thereof. With regard to the applicability of the U.P. Revenue Code, 2006, since Sections 24 and 30 do not fall within Chapter VIII or Chapter IX of the said Code, they shall apply to land of the village which has come within the municipal limits of the Municipality concerned. Let an appropriate partition exercise be carried out under Section 30 of the U.P. Revenue Code, 2006 and after proper demarcation, notice be issued under Section 265(4) for the applicability of Section 265(1)(f). The impugned notice is hereby set aside. The exercise, as aforesaid, shall be carried out by the Municipality concerned within a period of three months from the date a certified copy of this order is produced before it. Accordingly, the writ petition is disposed of. November 6, 2025 Ashish Dewal WRIC No. 10754 of 2025 3 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench