Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 31268 of 2025 Court No. - 34 HON'BLE ROHIT RANJAN AGARWAL, J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for the State.
2. It is contended that a notice in RC Form 19 was issued to petitioner on the ground that he has encroached upon Gata No. 177 measuring 14 square meter of land. Petitioner had filed his objections on 19.12.2023 alleging that Gata No. 176 measuring 0.134 hectare was purchased by his father after which a house was constructed and petitioner is living in the said house since then. Tehsildar passed an order of eviction on 30.10.2024 on the ground that Gata No. 177 is recorded as chak road and petitioner encroached upon 14 square meter of land of Gata No. 177. The order of eviction was challenged by petitioner in appeal which has also been dismissed.
3. After hearing learned counsel for the parties and perusing the material on record, I find that specific case of petitioner is that he is owner in possession of Gata No. 176 over which he has already constructed a house and living there. The dispute relates to 14 square meter of land which is Gata No. 177 recorded as chak marg. The said gata is recorded under Category 6(2).
4. No useful purpose would be served in keeping the matter pending or calling for counter affidavit or issuing notice to private respondents as it is an admitted case of both the parties that petitioner is in possession of Gata Versus Counsel for Petitioner(s) : Pushpendra Kumar Mishra Counsel for Respondent(s) : Arun Kumar Pandey, C.S.C. Heera Lal .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
No. 176 and has constructed a house over the said land.
5. The writ petition is disposed of directing the revenue authorities that any encroachment made on Gata No. 177 shall be removed after proper measurement is carried out and revenue authorities shall not touch the house of petitioner constructed on Gata No. 176. September 10, 2025 V.S.Singh WRIC No. 31268 of 2025 2 (Rohit Ranjan Agarwal,J.) Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad