HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11906 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard learned counsel for the petitioners, learned Standing Counsel, who appears on behalf of the State-respondent Nos.1 to 3 and Shri M.A. Faridi, learned counsel appearing on behalf of respondent Nos.4 and 5. 2. This petition has been filed by the 22 petitioners praying for the following reliefs :- "I. Issue a writ, order or direction in the nature of mandamus thereby commanding the Opp. parties not to evict the petitioners from the land gata No.834 new gata No.540 Kha situated at Ward No.2 Jamauli Nagar Palika Parishad Jalalpur, District Ambedkar Nagar which was got by the petitioners as residential patta in years of 1974 by the Land Management Committee of village Jamauli, Tehsil Alapur, District Ambedkar Nagar. II. Issue a writ, order or direction in the nature of mandamus thereby commanding the Opp. Parties to settle the house of the petitioners over the land gata No.834 new gata No.540 Kha situated at Ward No.2 Jamauli Nagar Palika Parishad Jalalpur, District Ambedkar Nagar under provision Section 67ka(1) of Uttar Pradesh Revenue Code, 2006 over which the petitioners have already constructed his house prior 1974, so that the petitioners could get justice." 3. It is the case of the petitioners that the land of old Gata No.834, new Gata No.540 Kha is recorded as usar land in the revenue records situated at Village Jamauli Surhurpur, Tehsil Jalalpur, District Ambedkar Nagar, as per CH Form-41 and new khatauni pursuant to consolidation Versus Counsel for Petitioner(s) : Sikandar Yadav, Manuvendra Singh, Shubham Kumar, Veer Bahadur Counsel for Respondent(s) : C.S.C., Mohd. Ahsanussamad Faridi Uma Devi And 21 Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue Lko And 4 Others .....Respondent(s) operations. 4. The petitioners, all very poor landless labourers belonging to the Scheduled Caste community and having no residential land, were given housing sites by the Land Management Committee of Village Panchayat Jamauli in 1974. True copies of the patta receipts are filed collectively as Annexure-2 to the writ petition. After allotment of such housing sites, the petitioners were given physical possession and they constructed their katcha houses on the said land and have been residing there for the past 50 years. 5. Village Jamauli Bhadbharpur, Bhau Kuwa, District Ambedkar Nagar came within the territorial jurisdiction of Nagar Palika Parishad, Jalalpur and Village Jamauli is now known as Ward No.2 of Nagar Palika Parishad, Jalalpur, Ambedkar Nagar. The Nagar Palika Parishad, Jalalpur wants to build a gaushala over old gata no.834, new gata No.540 Kha which has already been allotted to the petitioners by the Land Management Committee and on which the petitioners have residing. 6. The petitioners have approached the Corporation and the Corporation has also written to the Chairman and the Executive Officer of Nagar Palika Parishad, Jalalpur against such proposal. However, no heed has been paid and the houses of the petitioners were demolished by the employees of Nagar Palika Parishad unauthorizedly on 13.11.2025. The petitioners have pointed out Section 67A (1) to state that their possession over land belonging to the Gaon Sabha should be regularized under the U.P. Revenue Code, 2006 (hereinafter referred to as "Code, 2006"). 7. Shri M.A. Faridi, learned counsel appearing on behalf of respondent Nos.4 and 5 states that the Nagar Nigam is proposing to set up a Sewage Treatment Plant (STP) for which it has allotted land of old gata No.834, new gata No.540 Kha. 8. It has also been pointed out that the petitioners have not been demolished only by the employees of Nagar Nigam; in fact, employees of the revenue department also constituted a joint team and encroachments have been removed. It has further been stated that Section 67A(1) of Code, 2006 will not be applicable as there is no Village Panchayat in WRIC No. 11906 of 2025 2 existence and land of Village Jamauli has come within the jurisdiction of Nagar Palika Parishad, Jalalpur and therefore the Municipalities Act of 1916 shall apply. 9. It has also been pointed out by Shri M.A. Faridi that from a bare perusal of Annexure-1 to the petition and also Annexure-2, it is evident that such documents have been fraudulently prepared. The Land Management Committee had allegedly granted patta without prior approval of the Sub-Divisional Officer concerned. Learned counsel for the respondents has pointed out Section 122-C of U.P. Zamindari Abolition and Land Reforms Act, 1950 and Rule 115 (L)(M)(N) and (O) of the said Rules of 1952. 10. We, having perused the receipts which were issued without prior approval of the Sub-Divisional Officer concerned, find no good ground to show interference as prayed for. 11. The writ petition stands dismissed. December 9, 2025 Shubhankar WRIC No. 11906 of 2025 3 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench