HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8572 of 2025 Court No. - 5 HON'BLE ALOK MATHUR, J. 1. Heard Sri Rahul Kumar Shukla, learned counsel for the petitioner and the learned Standing Counsel for the opposite party Nos. 1, 2 and 3. 2. The petitioner is directed to implead the Sub Divisional Magistrate, Tehsil Patti, District Pratapgarh, during course of the day. 3. It has been submitted by learned counsel for the petitioner that proceedings under Section 67 of the U.P. Revenue Code 2006 (hereinafter referred as 'Code 2006') were initiated against the petitioner for illegal construction/encroachment upon Gaon Sabha land situated at Gata No.324/239 situated in Village Molanpur, Tehsil Patti, District Pratapgarh. Notices were issued to the him. He appeared before the Tehsildar and filed his objections, but subsequently he did not join the proceedings and the Tehsildar by means of the order dated 20.11.2023 returned a finding that the petitioner has in fact encroached upon gaon-sabha land, which is shown as a 'Rasta' and order for eviction and imposition of penalty was passed against him. Thereafter the petitioner preferred an application for recall of the order dated 20.11.2023, which was rejected. This order dated 20.11.2023 was challenged by the petitioner in appeal before the District Magistrate, Pratapgarh. The appellate authority has rejected the appeal. Recall was filed that was also rejected. Before this court the petitioner has challenged the orders dated 20.11.2023 as well as the order dated 23.9.2024. 5. Considering the grievance raised by the petitioner that he is a recorded tenure holder of Gata No. 277, while the allegations of illegal encroachment are on Gata No. 334/239; in his objections, he has categorically stated that he has not encroached upon Gata No. 334/239 and his construction is confined to Gata No. 227, in the aforesaid circumstances, let proceedings for demarcation be undertaken by the Sub Divisional Magistrate, Tehsil Patti, District Pratapgarh, who shall conduct the said proceedings and conclude the same within a period of 2 months from the date a certified copy of this order is produced before him, in accordance with law. Versus Counsel for Petitioner(s) : Pradeep Tiwari Counsel for Respondent(s) : C.S.C., Pankaj Gupta Raj Mani Dubey .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy., Deptt. Of Revenue, Lko. And 3 Others .....Respondent(s) 6. In case, it is found that the petitioner does not have any construction or encroachment on Gata No. 334/239, then liberty is granted to the petitioner to move an application for recall of orders dated 20.11.2023 and 23.9.2024 before the District Magistrate, who shall consider the report of the Sub Divisional Magistrate and pass fresh order in the light thereof. On the other hand, in case petitioner is found to have encroached upon Gata No. 334/239, the authorities shall proceed to execute the order passed by the Tehsildar as well as the District Magistrate. 7. It is made clear that till proceedings under Section 24 of the U.P. Revenue Code 2006 are concluded, no coercive action shall be taken against the petitioner in pursuance of orders dated 20.11.2023 and 23.9.2024. It is further clarified that once appropriate orders are passed, the protection in pursuance to the order passed by this court shall end and the matter shall be governed by further directions and orders issued by the authorities. 8. The aforesaid order has been passed subject to the condition that the petitioner shall cooperate in the proceedings before the authorities concerned. 9. With the aforesaid observations/directions this writ petition is disposed of. December 10, 2025 RKM. WRIC No. 8572 of 2025 2 (Alok Mathur,J.) Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench