HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10570 of 2025 Court No. - 5 HON'BLE ALOK MATHUR, J. 1. Heard Sri Shashwat Srivastava, learned counsel for the petitioner as well as learned Standing Counsel for the State respondents and Sri Dileep Kr. Pandey, learned counsel appearing for respondent no. 3. 2. By means of present writ petition the petitioner has assailed the orders for demolition dated 08.08.2022, passed by Tehsildar (Judicial) , Sarojini Nagar, Lucknow and order dated 06.09.2025 passed by Additional District Magistrate (Judicial), Lucknow with regard to Gata No.1478 area 0.004 hectares, situated at Village - Jaiti Kheda, Pargana Bijnor, Tehsil Sarojini Nagar, Lucknow wherein the petitioner is alleged to have encroached upon the Gaon Sabha land, which is recorded as 'pond' in the revenue records. 3. It has been submitted by learned counsel for the petitioner that notice under Section 67 of the U.P. Revenue Code, 2006 was served upon the petitioner who filed objections on 11.08.2025 and subsequently, relying upon the report of the concerned Lekhpal, it was held that petitioner has encroached upon the Gaon Sabha land of Gata No.1478 area 0.004 hectares, situated at Village - Jaiti Kheda, Pargana Bijnor, Tehsil Sarojini Nagar, Lucknow, and accordingly orders for eviction and imposition of penalty were passed against petitioner. 4. In the objections filed by the petitioner in response to the notice issued under Section 67 of the U.P. Revenue Code, 2006, the petitioner has only stated that he has not encroached upon the Gaon Sabha land. Versus Counsel for Petitioner(s) : Devendra Pratap Singh Kamal, Gopesh Tripathi, Hrishabh Singh Counsel for Respondent(s) : C.S.C., Dilip Kumar Pandey Om Shiv Tiwari .....Petitioner(s) Addl. District Collector Judicial, Lko. And Others .....Respondent(s) 5. Assailing the order dated 08.08.2022, before the appellate authority the petitioner stated that he was owner and in possession of Gata No. 1955 (Ka) of the aforesaid village, but it seems that Gata No. 1477 is adjacent to Gata No. 1477 and is recorded as a public utility land. 6. Learned Standing Counsel for the respondents has opposed the petition. 7. Repeating the aforesaid arguments, learned counsel for the petitioner has submitted that perusal of village map would indicate that both the Gatas are adjacent to each other and dispute is only with regard to demarcation. Petitioner again maintained the stand that has has not encroached upon Gata No. 1478 and in case the land is demarcated the dispute is likely to be resolved. 8. Accordingly, considering the aforesaid arguments, it is provided that on the application made by the petitioner under Section 24 of the U.P. Revenue Code, 2006, respondent no. 2 - Additional District Magistrate (Judicial), Lucknow shall direct the Sub Divisional Magistrate concerned to conduct proceedings under Section 24 of the U.P. Revenue Code, 2006, forthwith and conclude the same expeditiously, say within two months from the date of order passed by respondent no. 2. 9. In the proceedings before the Sub Divisional Magistrate under Section 24 of the U.P. Revenue Code, 2006, he shall determine whether petitioner has encroached upon Gata No. 1478. In case, it is found that petitioner has encroached upon Gata No. 1478, then the authorities shall proceed to ensure compliance of orders dated 08.08.2022 and 06.09.2025, under Sections 67 and 67(5) of the U.P. Revenue Code, 2006. But on the other hand, in case it is found that petitioner has not encroached upon Gata No. 1478 it shall be open for the petitioner to move recall application before the competent authority. In case any such application is made by the petitioner, the authority concerned shall pass appropriate orders expeditiously, without giving effect to the impugned orders passed under Sections 67 and 67(5) of the U.P. Revenue Code, 2006. 10. In case, the demarcation report indicates that the petitioner has encroached upon the public utility land then in such circumstance the WRIC No. 10570 of 2025 2 petitioner would be at liberty to assail the said report as well as the orders impugned in the present writ petition. 11. With above directions, present writ petition stands disposed of. November 4, 2025 Ravi/ WRIC No. 10570 of 2025 3 (Alok Mathur,J.) Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench