Neutral Citation No. - 2025:AHC:145223 Court No. - 34 Case :- WRIT - C No. - 28362 of 2025 Petitioner :- Smt. Foola Respondent :- The Collector Mahoba And 3 Others Counsel for Petitioner :- Chandra Prakash Kushwaha Counsel for Respondent :- Achal Singh,C.S.C. Hon'ble Rohit Ranjan Agarwal,J. 1. The petitioner claims that her husband was granted lease of 100 sq. yard land for constructing house on 28.08.1998 on Gata No.363. Proceedings for eviction has been initiated against the petitioner on the ground that she has encroached upon the land of the Gaon Sabha which is recorded as 'public utility land' being Gata No.368. Eviction order was passed which has been confirmed in appeal. 2. Counsel for the petitioner submits that specific ground was taken in appeal filed under Section 67(5) of the U.P. Revenue Code, 2006 that area measuring 0.032 hectare, Gata No.368 was taken in road widening and the house of the petitioner has come in front which is situated on Gata No.363. According to him, the land has not been identified and without there being any measurement and material on record, the authorities have proceeded for proceedings of eviction. 3. I have heard the respective counsel for the parties and perused the material on record. 4. From perusal of the order of the appellate court, I find that a vague finding has been recorded by the appellate authority as to the encroachment upon by the petitioner on Gata No.368, while specific plea has been taken in the memo of appeal that no such construction exists over Gata No.368, which has been taken in road widening. No finding has been recorded by the appellate authority demonstrating the fact that the land was not taken in road widening and Gata No.368 is identifiable on the spot along with Gata No.363. 5. In view of the said fact, the order dated 30.12.2024 passed by the appellate authority is hereby set aside and the matter is remanded back to the appellate authority to decide the matter afresh, strictly in accordance with law, within a period of two months from the date of production of a certified copy of this order, recording a finding on grounds raised in the memo of appeal filed by the petitioner. 6. With the aforesaid observation, the writ petition stands partly allowed. Order Date :- 22.8.2025 CS/- Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad