Neutral Citation No. - 2025:AHC:110833 Court No. - 35 Case :- WRIT - C No. - 28033 of 2024 Petitioner :- Ramvir Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Krishna Dev Mishra Counsel for Respondent :- C.S.C.,Sunil Kumar Singh Hon'ble Syed Qamar Hasan Rizvi,J. 1. Sri Ashwani Tripathi, Advocate holding brief of Sri Krishna Dev Mishra, learned counsel for the petitioner, Sri Shashikant Kushwaha, learned standing counsel appearing for the State- respondent nos. 1 to 3 and Sri Sunil Kumar Singh, learned counsel appearing on behalf of the Gaon Sabha / respondent no. 4 are present. 2. By means of the present writ petition the petitioner has challenged the order / notice dated 27.03.2024 issued by the Assistant Collector / Tehsildar, Tehsil-Shikarpur, District- Bulandshahr (respondent no. 3) against the deceased petitioner, under Section 67 of the U.P. Revenue Code, 2006 regarding the encroachment over the Gata No. 1242 area 0.0042 hectare which is recorded as Chakmarg, situated at village Dhaknagla, Majra Domla Hasangarh, Tehsil Sikarpur, District Bulandshahr. 3. During the pendency of the writ petition, the petitioner- Ramvir Singh has died on 13.08.2024 and his heirs and legal representatives namely Kiran Devi, Satendra Kumar and Narendra Kumar have been substituted as petitioner nos. 1/1, 1/2 and 1/3 respectively. 4. From the perusal of the record it is apparent that the impugned order / notice as contained in Annexure No. 1 is against (late) Ramvir Singh. Since the said Ramvir Singh is no more alive, the present order / notice dated 27.03.2024 has lost its efficacy, being against a dead person. 5. Learned standing counsel appearing for the State has very fairly stated that in the present set of circumstances, fresh notices are required to be issued to the persons who are found in authorized occupation of the property in question. 6. Taking into consideration the aforesaid circumstances, this Court is of the view that no useful purpose would be served in keeping the writ petition pending. 7. Accordingly, the present writ petition is disposed of with the liberty to the respondents to initiate proceeding, if any, under Section 67 of the U.P. Revenue Code, 2006 against the unauthorized occupants of the property in question. In case if the authority finds reason to initiate fresh proceeding under Section 67 of the U.P. Revenue Code, 2006, they may do so, by affording full opportunity of defence in accordance with law to the petitioner nos. 1/1, 1/2 and 1/3 herein. 8. With the aforesaid observations, the writ petition is accordingly disposed of. Order Date :- 11.7.2025 Arif Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad