Neutral Citation No. - 2025:AHC:121928 Court No. - 34 Case :- WRIT - C No. - 4833 of 2025 Petitioner :- Saraswati @ Sursatiya Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sunil Kumar I Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla Hon'ble Rohit Ranjan Agarwal,J. 1. This writ petition has been filed questing the legality of ex parte order dated 27.09.2023 passed by Tehsildar/Assistant Collector, Rasra, Ballia in proceedings under Section 67 of the U.P. Revenue Code, 2006 (hereinafter called as "the Code") and the order dated 24.12.2024 passed in appeal under Section 67(5) of the Code. 2. Learned counsel for the petitioner submits that already proceedings under Section 27 (3) of U.P. Consolidation of Holdings Act as well as 38 of the Code is pending consideration. The order of eviction has been passed ex parte without giving any opportunity of hearing to the petitioner. The objections were filed at the appellate stage, which has not been considered. 3. I have heard the respective counsel for the parties and perused the material on record. 4. From perusal of material on record, I find that as the proceedings are still pending consideration under the U.P. Consolidation of Holdings Act and specific objection has been taken by the petitioner in his appeal, and the said fact has not been considered by the appellate Authority and solely on the basis of the report of Lekhpal, the order of eviction has been passed against the petitioner, which has not been interfered by the appellate authority, the matter should have been considered by the appellate authority and only after affording opportunity of hearing to the petitioner, the eviction order should have been passed. 5. Considering the facts and circumstances of the case, the order dated 27.09.2023 passed by respondent no.3 and 24.12.2024 passed by respondent No.2 are hereby set aside. 6. The writ petition stands partly allowed. The matter is remitted back to the Tehsildar/Assistant Collector, Rasra, Ballia to hear the case afresh after affording opportunity of hearing to the petitioner and decide the same thereafter. Order Date :- 24.7.2025 Kushal Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad