HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 1599 of 2025 Court No. - 5 HON'BLE ALOK MATHUR, J. 1. Heard Sri Sachida Nand Tiwari, learned counsel for the petitioner as well as learned Standing Counsel for respondent nos. 1 and 2 and Sri Dilip Kumar Pandey, learned counsel appearing for respondent no. 3. 2. By means of present writ petition the petitioner has assailed order dated 09.02.2024, passed by the Additional District Magistrate (Finance and Revenue), Lucknow in Case No. 2750 of 2022 (Computerized Case No. D 202210460002750) - Manager N.K. Cinema Hall and Others Vs. Gram Sabha, as well as order of recovery order dated 09.05.2022, passed by the Tehsildar (Judicial), Tehsil - Sarojini Nagar, Lucknow in Case No. 1836 of 2022 (Computerized Case No. T 202210460501835) - Gram Sabha Vs. N.K. Cinema Hall and Others. 3. It is submitted by learned counsel for the petitioner that petitioner is co- sharer of land being Khasra No. 1035, area 0.834 hectares, situated at Village - Piparsand, Pargana - Bijnaur, Tehsil - Sarojininagar, District - Lucknow. An application under Section 24 of the U.P. Revenue Code, 2006 was filed by one of the co-sharer of the land namely Amit Kumar Singh before Tehsildar, Sarojininagar, on which report was called for from the revenue Inspector. A report dated 01.02.2022 was submitted by the Lekhpal. Tehsildar, on perusal of report of Lekhpal, issued notice to petitioner under Section 67 of the U.P. Revenue Code, 2006, stating that he has encroached upon the Gaon Sabha land which is registered as Pasture land in the revenue records. Versus Counsel for Petitioner(s) : Sachida Nand Tiwari, Naveen Giri Counsel for Respondent(s) : C.S.C., Dilip Kumar Pandey Rajat Singh .....Petitioner(s) Additional District Magistrate (Finance And Revenue), Mandal, Lko. And Others .....Respondent(s) 4. The petitioner participated in the proceedings under Section 67 of the U.P. Revenue Code, 2006 and filed his objections. The Tehsildar rejected the objections of the petitioner and passed order dated 09.05.2022, and ordered demolition of illegal constructions raised by the petitioner over the Gaon Sabha land and imposed penalty of Rs.3,70,500/- upon the petitioner. 5. Being aggrieved by order dated 09.05.2022, petitioner preferred an appeal before the Additional District Magistrate (Finance and Revenue), Lucknow, which appeal was also rejected by order dated 09.02.2024. 6. It is further submitted by learned counsel for the petitioner that the land is question is his ancestral property and petitioner has not encroached upon any part of the Gaon Sabha land which is registered as Pasture in the revenue records. He has submitted that due to village political rivalry, present malicious proceedings have been initiated by the village Pradhan against the petitioner. 7. Learned Standing Counsel on the other hand has opposed the writ petition by submitting that infact petitioner is running a Cinema Hall in the name and style of N.K. Cinema Hall and has encroached upon the Gaon Sabha land by raising illegal construction. It is submitted that there is no error in the impugned orders passed by the Tehsildar as well as Additional District Magistrate, and prayer has been made for dismissal of the writ petition. 8. Heard learned counsel for the parties and perused the record. 9. From the perusal of impugned orders as well as record, no ground for interference in the impugned orders is made out, as the revenue authorities have passed the impugned orders on the basis of reports submitted by the Lekhpal, which indicates illegal encroachment by the petitioner over the Gaon Sabha land. 10. At this stage learned counsel for the petitioner prays that the revenue authorities may be directed to demarcate the disputed land afresh in accordance with law, so to ascertain whether petitioner has infact encroached upon the any portion of the Gaon Sabha land which is WRIC No. 1599 of 2025 2 recorded as "Pasture" in the revenue records. 11. In the light of above, the respondent no. 2 - Tehsildar (Judicial), Tehsil - Sarojininagar, District - Lucknow is directed to carry out fresh demarcation proceedings under Section 24 of the U.P. Revenue Code, 2006 with regard to Khasra No. 1035, area 0.834 hectares, situated at Village - Piparsand, Pargana - Bijnaur, Tehsil - Sarojininagar, District - Lucknow, in the present of petitioner as well as all the effected persons, in accordance with law. 12. In case it is found that petitioner has not raised any illegal construction over the Gaon Sabha land, no demolition shall be carried out over the land of petitioner and in case it is found that petitioner has encroached upon the Gaon Sabha land of Khasra No. 1035, area 0.834 hectares, the authorities shall proceed against the petitioner as per the impugned orders. 13. It is made clear that till completion of fresh demarcation proceedings, no coercive steps shall be taken against the petitioner. Fresh demarcation proceedings shall be carried out with expedition, say within three weeks from the date of production of certified copy of this order. 14. With aforesaid directions present writ petition stands partly allowed . November 21, 2025 A. Verma WRIC No. 1599 of 2025 3 (Alok Mathur,J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench