HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 31293 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. Proceedings of eviction under Section 67 of the U.P. Revenue Code, 2006, was initiated against the petitioner, in which, an eviction order was passed on 27.08.2024. Against which, an appeal was preferred by the petitioner which has been dismissed. The notice issued in Form RC 20 was that the petitioner had constructed a house over Gata No. 503 which is recorded as cremation ground in the revenue record and the land falls under Section 77 of the U.P. Revenue Code, 2006. No objections were filed by the petitioner before the revenue authorities, however, in appeal, he has taken his ground that he is the owner in possession of Gata No. 508 and has made construction over it. The appellate authority has recorded specific finding that the construction is standing over Gata No. 503 which is recorded as land under Section 77 of the U.P. Revenue Code, 2006, being a public utility land and is recorded as cremation ground. 3. Once the finding is recorded that the house exists on cremation ground, no case for interference is made out as there is no denial to the fact that no construction has been made on Gata No. 503 by the petitioner. His only claim is that the house exists on Gata No. 508. 4. The writ petition fails and is hereby dismissed. However, the revenue authority before demolishing any encroachment on Gata No. 503 shall make sure that the construction is not on Gata No. 508 and is only on Versus Counsel for Petitioner(s) : Kailash Nath Kesharwani Counsel for Respondent(s) : C.S.C., Hari Narayan Singh Rajjan Kumar And 2 Others .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) Gata No. 503 which is recorded as cremation ground in the revenue record. September 10, 2025 A. V. Singh WRIC No. 31293 of 2025 2 (Rohit Ranjan Agarwal,J.) Digitally signed by :- AJAY VIKRAM SINGH High Court of Judicature at Allahabad