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2025 DAILYLAW 66268 (ALL)

SONI @ SOHANPAL @ SOHAN KUMAR v. STATE OF U.P. AND 3 OTHERS

WRIC/19138/2025 · 2025-06-30

Rohit Ranjan Agarwal

body2025

Judgment text

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Court No. - 34 Case :- WRIT - C No. - 19138 of 2025 Petitioner :- Soni @ Sohanpal @ Sohan Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Baij Nath Pal,Sanjeev Kumar Khare Counsel for Respondent :- C.S.C.,Sunil Kumar Singh Hon'ble Rohit Ranjan Agarwal,J. It is contended that the grandfather of the petitioner had purchased a part of land comprising of Gata No.215-M, measuring 0.0620 hectares. The proceedings for eviction were initiated against the petitioner by Gaon Sabha which had led to passing an order under Section 67 of the U.P. Revenue Code, 2006. An appeal was preferred under Section 67(5), in which, ground was taken that the petitioner has not encroached upon the land of Gata No.216 and construction is standing over Gata No.215-M. The appellate Court had recorded the findings that from the report it is evident that the construction has been made on the land encroached of Gata No.216. I have heard counsel for the petitioner and perused the material on record. From perusal of the record, it transpires that the petitioner had not placed the revenue records before the authority concerned, nor he has filed any objection before Sub-Divisional Officer when notices were issued in proceedings under Section 67 of the U.P. Revenue Code, 2006. However, looking to the fact that a house is standing over the land in dispute since long, the order of eviction had been passed and petitioner could not place the documents due to lack of legal knowledge of the petitioner's counsel. Petitioner is granted an opportunity to file all the documentary evidence in support of his claim before appellate authority within 15 days from today along with certified copy of this order, and the appellate authority shall re-consider the case on merit considering the documents filed, if any, claiming the property to be the ancestral property of the petitioner, and pass a reasoned order strictly in accordance with law, within next one month. With the aforesaid observations, writ petition stands disposed of. Order Date :- 1.7.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad