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2025 DAILYLAW 93309 (ALL)

RAMANAND GOND v. STATE OF UP AND 4 OTHERS

WRIC/31265/2025 · 2025-09-09

Rohit Ranjan Agarwal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 31265 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 an order of eviction has been passed against petitioner under Section 67 of U.P. Revenue Code, 2006 which has been confirmed in appeal filed by petitioner. 3. Learned counsel for the petitioner has submitted that without there being any demarcation proceeding under Section 24 of U.P. Revenue Code, 2006, the order for eviction has been passed. 4. Learned Standing Counsel has opposed the writ petition and submitted that the petitioner has not appeared before revenue authorities and notice was affixed. Thereafter, on the report and statement of Lekhpal, the order for eviction was passed. The appeal also records the fact that petitioner has not appeared during appellate proceedings. He further contends that the land in question is recorded as pokhara which is Gata No. 407 over which the house has been constructed by petitioner. 5. I have heard respective counsel for the parties and perused the material on record. 6. From perusal of the order impugned, I find that the finding has been recorded by both revenue authorities as to the house having been constructed over Gata No. 407 which is recorded as pokhara. There is no pleading either in the memo of appeal or in the writ petition that petitioner Versus Counsel for Petitioner(s) : Priya Ranjan Rai Counsel for Respondent(s) : C.S.C., Rameshwar Prasad Shukla Ramanand Gond .....Petitioner(s) State Of Up And 4 Others .....Respondent(s) has filed any documentary evidence before revenue authorities demonstrating that house does not exist on the said land i.e. Gata No. 407. Once finding has been recorded that Gata No. 407 is recorded as pokhara which is public utility land, any construction standing over needs to be demolished as the encroachment is there. 7. No case for interference is made out. 8. The writ petition is misconceived and stands dismissed. September 10, 2025 V.S.Singh WRIC No. 31265 of 2025 2 (Rohit Ranjan Agarwal,J.) Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad