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2025 DAILYLAW 93533 (ALL)

ARVIND KUMAR v. STATE OF U.P. AND 2 OTHERS

WRIC/31883/2025 · 2025-09-11

Rohit Ranjan Agarwal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 31883 of 2025 Court No. - 34 HON'BLE ROHIT RANJAN AGARWAL, J. 1. Petitioner claims that he is in possession over the land in question for long time. Proceedings under Section 67 of the U.P. Revenue Code, 2006, was initiated against him on the ground that in the land being Arazi No. 182, which is measuring 0.053 Hectare, over which, he is in possession of 0.0010 Hectare. The said land has been recorded as 'banjar' in the revenue record in Category 5(3). Learned counsel for the petitioner submits that the entry should be under Category 6(2) as 'abadi'. He further contends that the order of eviction as well as the appellate order has been wrongly passed without considering that his house exists on the abadi land and the entry is wrong. 2. Learned Standing Counsel has opposed the argument made by the petitioner's counsel and submitted that the land in question belongs to Gaon Sabha and is recorded as under Category 5(3) and is a barren land recorded as 'banjar' in the revenue record. Both the revenue authorities have recorded finding against the petitioner. 3. Having heard counsel for the parties and perusing the material on record, it is an admitted case that the land in question is recorded as Category 5(3) as 'banjar', that is, the land of Gaon Sabha. The petitioner has not challenged the said revenue entries. Both the revenue authorities have recorded finding against him which needs no interference of this Court and the writ petition stands dismissed. 4. However, in case, an application is moved under Section 67A of the Versus Counsel for Petitioner(s) : Deepak Kumar Patel, Swetakshi Singh Counsel for Respondent(s) : C.S.C. Arvind Kumar .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) U.P. Revenue Code, 2006, before the authorities, the authorities may consider his case for settling the house in question in accordance with law without being influenced by the above order. September 12, 2025 A. V. Singh WRIC No. 31883 of 2025 2 (Rohit Ranjan Agarwal,J.) Digitally signed by :- AJAY VIKRAM SINGH High Court of Judicature at Allahabad