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Neutral Citation No. - 2025:AHC:142066 Court No. - 34 Case :- WRIT - C No. - 27869 of 2025 Petitioner :- Ram Niwas Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Awadhesh Kumar Mishra Counsel for Respondent :- C.S.C.,Pradeep Singh Hon'ble Rohit Ranjan Agarwal,J.
1. Heard learned counsel for the petitioner and learned ACSC for the State. 2. Proceedings under Section 67 of U.P. Revenue Code, 2006 [hereinafter referred as the 'Code of 2006'] were initiated against the petitioner in respect of arazi no. 457 which is said to be the land recorded as chak road under Category 6 (2) in the revenue records. After the notice was served, objections were filed by the petitioner and order under Section 67 of the Code of 2006 was passed on 30.9.2024. Aggrieved by the said order, an appeal was preferred under Section 67 (5) of the Code of 2006, which was dismissed by the order dated 28.5.2025. 3. Learned counsel for petitioner submits that there is a technical error mentioned in the order and report. According to him the area which has been mentioned in the order impugned is less while the area mentioned in the report is more. He further submits that consolidation proceedings are ongoing and proceedings under Section 67 of the Code of 2006 would not have been initiated. Apart from this, no argument has been advanced from the petitioner's side. 4. Learned ACSC has opposed the writ petition and submitted that the land in question is recorded in Category 6 (2) as chak road in the revenue record and the land comes under Section 67 of the Code of 2006 and no construction could be raised on a chak road. 5. After hearing learned counsel for the parties and after perusing the material on record, I find that apart from the technical objection being raised by petitioner in respect of the area mentioned in the order impugned as well as the report, no documents or evidence has been placed before the Court substantiating that the house which was constructed over the land
in question belongs to petitioner. There is no denial to the fact that the arazi no. 457 is recorded as chak road in the revenue records. 6. Once the land in question is recorded as chak road, no construction can be raised therein.
In view of the said fact no interference is required with the orders impugned under Article 226 of the Constitution of India. 7. Writ petition fails and is hereby dismissed. It is directed that the revenue authorities shall carry out the eviction proceedings over arazi no. 457, which is recorded as chak road in the revenue record within fifteen days from today. Order Date :- 20.8.2025 Shekhar Digitally signed by :- SHASHI SHEKHAR PANDEY High Court of Judicature at Allahabad