HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11885 of 2025 Court No. - 5 HON'BLE ALOK MATHUR, J. Heard Sri Sukhveer Singh, learned counsel for the petitioner, Standing counsel on behalf of respondent No.1 to 3 and Sri Mohan Singh for respondent No.6. 1. In light of the proposed order notice to private respondents is dispensed with. 2. It has been submitted that two proceedings were initiated against the petitioner for illegal encroachments made on gaon sabha land. One case was registered as case No.109/2024 which was with regard to encroachment of the petitioner on the land situated at gata No.463 area 0.051 hectare which was recorded as Naveen Parti in the revenue records of Village Village Bariyavan, Pargana and Tehsil Akbarpur, District Ambedkar Nagar where the petitioner is alleged to have encroached upon 0.010 hectare had constructed a house while in the second proceedings in case No.4122 of 2022 it was alleged that he has encroached upon gata No.465/0.6160 hectare which was also recorded as Naveen Parti where also the petitioner has encroached upon 0.051 hectare and constructed a house. 3. The petitioner did not appear at the stage of the proceedings which were conducted ex-parte and orders for demolition and imposition of penalty were passed on 27.3.2025 and 23.11.2023 respectively. It has been submitted that the petitioner had moved an application for recall of the aforesaid orders which are pending consideration before Tehsildar (Judicial). It has been submitted that a major portion of the house has already been demolished on 27.11.2025. 4. It is in aforesaid circumstances that learned counsel for the petitioner has confined his relief only for a suitable direction to Tehsildar (Judicial), Tehsil Akbar Nagar, District Ambedkar Nagar i.e. opposite party No.2 to decide the application for recall preferred by him and till decision of the aforesaid no 5. Versus Counsel for Petitioner(s) : Sukhveer Singh Counsel for Respondent(s) : C.S.C., Mohan Singh Ram Ashish .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue, Lko. And Others .....Respondent(s) demolition should be carried out in light of the judgment of Supreme Court in the case of Writ Petition (Civil) No. 295 of 2022, In Re : Directions in the matter of demolition of structures, 2024 SCC OnLine SC 3291 decided on November 13, 2024. Learned counsel for the respondents do not oppose the limited prayer made by the petitioner 6. Accordingly, the petition is disposed of with a direction to opposite party No.2 i.e. Tehsildar (Judicial), Tehsil Akbar Nagar, District Ambedkar Nagar to decide the application for recall in case the same has been filed and is available on record. The decision shall be taken expeditiously, say within a period of two weeks from the date a certified copy of is presented before him. 7. Till then no further demolition shall be carried out on the disputed land. 8. It is made clear that the interim protection granted by this Court shall cease to operate after appropriate orders are passed as per the directions issued herein- above for deciding the application for recall preferred by the petitioner. 9. Aforesaid direction is subject to cooperation of the petitioner during hearing on the application for recall. 10. December 5, 2025 RKM. WRIC No. 11885 of 2025 2 (Alok Mathur,J.) Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench