HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10572 of 2025 Court No. - 5 HON'BLE ALOK MATHUR, J. 1. Heard Smt. Nishi Srivastava, learned counsel for the petitioner as well as learned Standing Counsel for respondent nos. 1 to 3. 2. Supplementary affidavit filed today is taken on record. 3. The petitioner is aggrieved by the proceedings initiated by the respondents under Section 67 of the U.P. Revenue Code, 2006 whereby he has been held to be in illegal encroachment upon the Gaon Sabha land situated at Gata No. 92m, area 0.017 hectares situated in Village - Saraya Jagana, Tehsil - Kaiserganj, District - Bahraich. 4. In the proceedings before the Tehsildar, Tehsil - Kaiserganj, District - Bahraich, the petitioner did not appear and consequently by means of ex- parte order dated 07.10.2023, the petitioner was held to be in illegal occupation of the gaon sabha land being Gata No. 92m which has been recorded as "Rasta" in the revenue records and hence, orders for eviction and imposition of penalty were passed. 5. The petitioner being aggrieved by order dated 07.10.2023, preferred an appeal under Section 67(5) of the U.P. Revenue Code, 2006 before the District Magistrate, Bahraich, where the petitioner has raised the ground that petitioner has not been heard in the proceedings under Section 67 of the U.P. Revenue Code, 2006. 6. The appellate authority only considered the fact that no appropriate Versus Counsel for Petitioner(s) : Nishi Srivastava, Adarsh Srivastava Counsel for Respondent(s) : C.S.C., Pankaj Gupta Israr @ Israr Kha @ Israr Ahmad .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Revenue, Lko. And Others .....Respondent(s) explanation is forthcoming with regard to right and title of the petitioner over the said land and relied upon the order of Tehsildar as well as report of the revenue authority and rejected the appeal preferred by the petitioner. 7. The petitioner has vehemently submitted that he had raised construction over the said land after obtaining grant under beneficial scheme of the State Government under an Awas Yojana in the year 2009 and it is out of the proceeds of the Government funds, that he had constructed a house on the said land. It is submitted that the State Government before disbursal of funds had looked into the revenue records and thereafter money would have been disbursed to the beneficiaries. 8. Apart from the above, it is submitted that perusal of the order passed by the Tehsildar, Kaiserganj, would indicate that no reasons have been indicated that any appearance has taken place. It is stated that an order which is bereft of reasons deserves to be set aside. 9. Learned Standing Counsel on the other hand has opposed the writ petition. 10. Considering the rival contentions it is noticed that the petitioner was put to notice with regard to illegal occupation over the Gaon Sabha land being Gata No. 92m, area 0.017 hectares situated in Village - Saraya Jagana, Tehsil - Kaiserganj, District - Bahraich. In the impugned order passed by the Tehsildar dated 07.10.2023, there is no mention whether notices were served upon the petitioner. It is merely stated that the petitioner has not appeared and therefore he has concluded that the petitioner has illegally encroached upon the gaon sabha land and orders for eviction and imposition of penalty has been passed. 11. In the appellate proceedings, one of the main ground taken by the petitioner is that he was not afforded opportunity of hearing, which ground has been recorded by the appellate authority in its order, but no finding has been returned by him in this regard. 12. Accordingly, it is for the aforesaid reasons and specially the fact that petitioner has not been given opportunity of hearing, this Court finds that WRIC No. 10572 of 2025 2 the order passed by the Tehsildar, Kaiserganj, Bahraich is illegal and arbitrary and deserves to be set aside. The matter need be remanded to the Tehsildar to bedecided afresh after giving due opportunity of hearing to all the parties. 13. Accordingly, impugned orders dated 26.09.2025 and 07.10.2023 are hereby set aside. The matter is remanded to the Tehsildar, Kaiserganj, Bahraich who is directed to decide the matter afresh after giving due opportunity of hearing to the petitioner. 14. Considering that the matter is pending for sufficient long length of time, the Tehsildar shall proceed to conclude the proceedings expeditiously, say within two months from the date of production of certified copy of this order, in accordance with law. 15. The petitioner undertakes to file his reply within two weeks from the date of production of certified copy of this order before Tehsildar. 16. The writ petition stands allowed. November 11, 2025 A. Verma WRIC No. 10572 of 2025 3 (Alok Mathur,J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench