Neutral Citation No. - 2025:AHC:40693 Court No. - 44 Case :- WRIT - C No. - 4394 of 2025 Petitioner :- Abhay Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Anil Kumar Rajak,Ramesh Singh Kushwaha Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla Hon'ble Kshitij Shailendra,J. 1. Heard learned counsel for the parties and perused the record. 2. This writ petition raises a challenge to the orders passed under Sections 67 and 67(5) of U.P. Revenue Code, 2006 (for short 'the Code, 2006') in relation to the property covered by Gata No.613. 3. Learned counsel for the petitioner submits that when proceedings were initiated, the petitioner along with his real brother came up with a clear objection and defence that they have no concern with Gata No.613 and that they have their own holdings covered by Gata no.720, which is located at a very distant place over which various trees and residential house exist, however, without looking into the said aspect of the matter and without carrying out demarcation of Gata No.613, which is a minjumla gata, orders impugned have been passed. 4. During the course of arguments, learned counsel for the petitioner submits that under the garb of implementing the orders impugned, the respondents shall also dispossess the petitioner from Gata No.720. 5. Learned Standing Counsel submits that the threat apprehended by the petitioner is unfounded, inasmuch as the orders impugned have to be given effect to in relation to Gata No.613 only and not in respect of Gata No.720. 6. On perusal of record the Court is convinced that the authorities have examined the defence of the petitioner, inasmuch as a finding has been recorded that the petitioner has his own holdings covered by Gata No.720 and, therefore, he should confine his constructions etc to that extent only, however, he has also encroached upon Gata No.613 Mi. 7. Since learned counsel for the petitioner has admitted that the petitioner has no concern with Gata No.613, the Court is of the view that no prejudice would be caused to the petitioner if the orders impugned remain intact and are given effect to. 8. At the same time, the orders cannot be implemented in respect of Gata No.720 about which a civil suit is also pending. 9. The writ petition is, accordingly, dismissed upholding the orders impugned in relation to Gata No.613 and the area described therein and the same shall be implemented accordingly. Order Date :- 20.3.2025 AKShukla/- Digitally signed by :- ANIL KUMAR SHUKLA High Court of Judicature at Allahabad