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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 31395 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. This writ petition has been filed with the following prayer:
"(i) Issue writ, order or direction in the nature of Certiorari calling for the record and quashing the impugned order dated 14.08.2025 passed by Additional Collector, (Civil Supply), Prayagraj, in the Appeal No. 911 of 2025, Computerized Case No. D202502030000911, Kalu Ram Vs. Gram Panchayat, under section 67(5) of U.P. Revenue Code, 2006 and the impugned order 28.04.2023 passed by Assistant Collector/Tehsildar Handia, Prayagraj in the Case No. 3054 of 2017, Computerized Case No. T201702323043054, Gaon Sabha Vs. Kalu Ram, under section 67 of U.P. Revenue Code. 2006 (Annexure No.1 and 2 to the writ petition). (ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents not to give effect to the impugned orders aforesaid and not to execute the order and not to demolish the construction and not to interfere into the peaceful possession of the petitioner over the land in dispute."
3. The petitioner before this Court has challenged the order passed for eviction under Section 67 of the U.P. Revenue Code, 2006, which has been affirmed in appeal under Section 67(5). 4. After some arguments, Shri Bhola Nath Yadav, counsel appearing for the petitioner submits that he is giving up the right to challenge the order Versus Counsel for Petitioner(s) : Abhishek Kumar Yadav, Bhola Nath Yadav Counsel for Respondent(s) : Azad Rai, C.S.C. Kalu Ram .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
impugned and is only confining his relief that direction may be issued to consider the case of the petitioner sympathetically, in case, an application is moved under Section 67A of the U.P. Revenue Code, 2006, before the revenue authorities. 5. This Court finds that as concurrent finding of the fact has been recorded by the revenue authority as to the eviction order, no case for interference is made out. However, considering the fact that the State Government has issued a Government Order in 2023 as well as Rule 68 of the U.P. Revenue Code Rules, 2016, provides for settling the land with a person, who is in occupation of the same before 2012. 6.
In view of the said fact, this Court directs that, in case, the petitioner files an application under Section 67A before the revenue authorities within 15 days from today, the same shall be dealt with strictly in accordance with law considering the Government Order as well as Rule 68 of the U.P. Revenue Code Rules, 2016, within a period of one month from the date of production of certified copy of this application. 7. The writ petition stands disposed of. September 10, 2025 A. V. Singh WRIC No. 31395 of 2025 2 (Rohit Ranjan Agarwal,J.) Digitally signed by :- AJAY VIKRAM SINGH High Court of Judicature at Allahabad