Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 94759 (ALL)

YAMIN v. STATE OF U.P. AND 4 OTHERS

WRIC/31756/2025 · 2025-09-10

Rohit Ranjan Agarwal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 31756 of 2025 Court No. - 34 HON'BLE ROHIT RANJAN AGARWAL, J. 1. Petitioner before this Court is challenging the proceeding under Section 67 of the U.P. Revenue Code, 2006, initiated by the respondents on the ground that he has encroached upon the land of the Gaon Sabha being Gata No. 91, measuring 0.061 Hectare, out of which, he is in possession over 0.0090 Hectare which is recorded as 'pond' in the revenue records. Notices were issued but same remained unresponded and as such eviction order was passed. In the appeal, the petitioner has taken the ground that he has constructed a house over Gata No. 90 and not over Gata No. 91. The order of eviction has been confirmed in appeal. 2. Having heard the counsel for the parties and perused the material on record. From the perusal of the material on record, it transpires that the proceeding for eviction has been carried out over Gata No. 91 which has been recorded as pond in the revenue records. The only ground taken in the appeal that the house has been constructed over Gata No. 90. The order of eviction has been confirmed way back in the year 2021. Almost four years have lapsed and it seems that the eviction order has not been carried out. 3. No useful purposed would be served in keeping the matter pending and without calling for the counter affidavit, this writ petition is disposed of requiring the revenue authorities to proceed with the matter and clear of any encroachment which is over Gata No. 91 which is recorded as pond after making a demarcation and in case, the house of the petitioner which is alleged to be constructed over Gata No. 90 does not stand over Gata Versus Counsel for Petitioner(s) : Adil Khan, Brijesh Kumar Pandey Counsel for Respondent(s) : Arun Kumar Pandey, C.S.C. Yamin .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) No. 91, then the same shall not be demolished and if after demarcation, it comes that it is standing over Gata No. 91, the same shall be demolished forthwith. The demarcation exercise shall be carried out by the revenue authorities immediately within a period of one month. 4. Office shall supply a copy of this order to the learned Additional Chief Standing Counsel, Shri Abhishek Shukla within 24 hours. Learned Additional Chief Standing Counsel shall intimate this order to the respondent no. 2- District Magistrate, Amroha, within next 48 hours. 5. With the aforesaid directions, this writ petition stands disposed of. September 11, 2025 A. V. Singh WRIC No. 31756 of 2025 2 (Rohit Ranjan Agarwal,J.) Digitally signed by :- AJAY VIKRAM SINGH High Court of Judicature at Allahabad