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2025 DAILYLAW 94210 (ALL)

SANGITA v. STATE OF U.P. AND 3 OTHERS

WRIC/31886/2025 · 2025-09-11

Rohit Ranjan Agarwal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 31886 of 2025 Court No. - 34 HON'BLE ROHIT RANJAN AGARWAL, J. 1. Proceedings for eviction against the petitioner was initiated under Section 67 of the U.P. Revenue Code, 2006, for being in illegal occupation over Khasra No. 216 which is recorded as a 'pond'. As the petitioner did not appear before the revenue authority, an order of eviction was passed, which was challenged in appeal filed under Section 67(5) which was also dismissed. In the appeal filed by the petitioner, there is a clear admission to the fact that the house has been constructed over Khasra No. 216. It is an undisputed fact that the Khasra No. 216 is a 'pond' recorded in the revenue records. 2. Hon'ble Apex Court in the case of Hinch Lal Tiwari vs. Kamala Devi and others reported in 2001 (6) SCC 496 has already held that all the encroachment made over the land of the pond has to be removed. Once there is an admission on the part of the petitioner himself that he is occupying the land of the pond which is recorded in the revenue record, no case for interference is made out in the order of eviction passed by the authorities concerned. 3. The writ petition fails and is hereby dismissed. September 12, 2025 A. V. Singh Versus Counsel for Petitioner(s) : Azaz Ahmad Counsel for Respondent(s) : C.S.C., Sunil Kumar Singh (Rohit Ranjan Agarwal,J.) Sangita .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) Digitally signed by :- AJAY VIKRAM SINGH High Court of Judicature at Allahabad