HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 43490 of 2023 Court No. - 34 HON'BLE ROHIT RANJAN AGARWAL, J. 1. Heard learned counsel for petitioner, learned Standing Counsel for the State and Sri B.K. Tripathi, learned counsel for respondent no. 4. Notice has been served upon private respondent nos. 6 and 8. Respondent nos. 5, 7 and 9 are represented through their counsel but on the matter being taken up today, no one has put in appearance on their behalf. 2. The short question involved in the writ petition is that the application moved by petitioner under Section 24 of U.P. Revenue Code, 2006 for demarcation of the land in question has been rejected by the revenue authorities on the ground that the report of Revenue Inspector does not disclose that there was fixed point for demarcation and the same has been submitted solely on the basis that the measurement was done from trijunction. Further, the revenue authorities have found that the demarcation of arazi no. 403 could not be carried out as house of private respondents exists on Arazi No. 404 and how much encroachment has been made, has not been mentioned in the said report. The appeal preferred by petitioner has also been dismissed on the ground that the proceedings under Section 24 of the Code of 2006 cannot be carried out. 3. Having heard learned counsel for the parties and from perusing the material on record, this Court finds that the report of the Revenue Inspector which was submitted ex-parte on 25.9.2017 without presence of the private respondents before the revenue authorities who refused to accept the same on objections filed by the private respondents. The appeal Versus Counsel for Petitioner(s) : Chandra Jeet Yeadav, Kameshwar Singh, Prem Shankar Sharma Counsel for Respondent(s) : Bhupendra Kumar Tripathi, C.S.C., M.N. Singh, Mahesh Narain Singh Rameshwar .....Petitioner(s) State Of U.P. And 9 Others .....Respondent(s) filed thereafter has also been rejected. As the application filed by petitioner under Section 24 of the Code of 2006 cannot be thrown away simply on the ground that the report does not indicate any fixed point for demarcation. In case, the revenue authorities found that the report of Revenue Inspector lack credence, they should have directed for further measurement of the land in question i.e. Arazi No. 403 in presence of both, the petitioner and private respondents. 4. In view of the said fact, the orders impugned dated 21.10.2020 passed by the respondent no. 3 and the order dated 11.10.2023 passed by respondent no. 2, are hereby set aside. The matter is remitted to the respondent no. 3 to call for the fresh report of Revenue Inspector and after submission of report, demarcation be carried out in presence of both, the petitioner and private respondents and necessary orders be passed on the application under Section 24 of U.P. Revenue Code, 2006. The aforesaid exercise shall be carried out in accordance with law preferably within a period two months from the date of production of certified copy of this order before the respondent no. 3. 5. With the aforesaid directions, present writ petition is disposed of. September 23, 2025 Shekhar WRIC No. 43490 of 2023 2 (Rohit Ranjan Agarwal,J.) Digitally signed by :- SHASHI SHEKHAR PANDEY High Court of Judicature at Allahabad