Neutral Citation No. - 2025:AHC:11258 Court No. - 34 Case :- WRIT - C No. - 30389 of 2024 Petitioner :- Afsar Bind Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Kripa Shankar Shukla,Sabha Shankar Tripathi Counsel for Respondent :- C.S.C. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioner and Sri Abhishek Shukla, learned Additional Chief Standing Counsel for the State- opposite parties no.1, 2 & 3. 2. The present petition has been filed with a prayer for issuance of a writ in the nature of Mandamus commanding and directing the respondents Nos. 1 to 3 to vacant the construction of respondent No. 4 and some other forceful persons who are encroached and illegally possessed in plot No. 145 area 0.062 Hectare and Plot No. 147 area 0.014 Hectare as Khalihaan and the plot No. 144 area 0.060 Hectare and the plot No. 146 area 0.023 Hectare as Khaad Gaddha and the plot No. 143 area 0.0240 Hectare as Maarg Village Madanpur, Tehsil-Gyanpur, District-Bhadohi in light of application dated 16.12.2022 and 25.10.2023 Annexure No. 4 and 6 respectively within stipulated period. 3. Learned counsel for the petitioner has submitted that there is illegal encroachment on plot Nos. 145, 147, 144, 146 and 143 and he has moved an application before District Magistrate with a prayer that the said encroachment may be removed. 4. At this stage, Shri Abhishek Shukla, learned Standing Counsel has pointed out that Rule 66 of U.P. Revenue Code Rules, 2016 wherein, it is provided that the information to Assistant Collector required by section 67(1) shall be submitted by the Chairman or any member or the Secretary of the Land Management Committee, or any officer of the Local Authority concerned in R.C. Form-19. He has submitted that the petitioner may move an application before the Assistant Collector which is corresponding provision of Section 67 in U.P. Revenue Code Rules, 2016. 5. Accordingly, the writ petition is disposed of with liberty to the petitioner to file a fresh application before the Assistant Collector i.e. Tehsildar concerned in accordance with the Rules within two weeks from the date of production of certified copy of this order. Thereafter, the Assistant Collector i.e. Tehsildar will decide the application within two months after affording opportunity to the aggrieved parties without prejudice to their rights. Order Date :- 22.1.2025 SY [Brij Raj Singh,J.] Digitally signed by :- SWETA YADAV High Court of Judicature at Allahabad Digitally signed by :- SWETA YADAV High Court of Judicature at Allahabad