HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 31741 of 2025 Court No. - 34 HON'BLE ROHIT RANJAN AGARWAL, J. 1. Proceeding for eviction under Section 67 of U.P. Revenue Code, 2006 ( hereinafter called as "the Code, 2006") was initiated against petitioner and after publication, order of eviction was passed imposing damages. The petitioner had filed an appeal under Section 67(5) of the Code, 2006 on the ground that no opportunity of hearing was given and within a span of 20 days, the publication was made and eviction order was passed. He further contends that his house is not standing over Arazi No. 407 which is a public utility land recorded as pokhara. According to petitioner, his house is in the abadi of the village. 2. Learned Standing Counsel has opposed the writ petition and submitted that from perusal of memo of appeal, it is clear that only mention as regards non construction of house over Arazi No. 407 is there but the petitioner has failed to establish his own case as to existence of his house. 3. I have heard respective counsel for the parties and perused the material on record. 4. From the record, it is clear that Arazi No. 407 is a public utility land recorded as pokhara in revenue records. It is not disputed by petitioner as to its existence, the only dispute is that house of petitioner is not situated on the land of Arazi No. 407 but is in the abadi. 5. Apart from the fact that house is not existing on Arazi No. 407, no specific case has been made out by petitioner in his appeal which could have been adjudicated by appellate court. Versus Counsel for Petitioner(s) : Priya Ranjan Rai Counsel for Respondent(s) : C.S.C., Rameshwar Prasad Shukla Arjun Gond .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) 6. However, looking to the facts of the case, there being factual dispute, this writ petition is being disposed of requiring revenue authorities to first carry out demarcation proceedings in respect of Arazi No. 407 within a period of one month from today and if any encroachment is found over the same, the said encroachment shall be removed. In case, it is found that house of petitioner is not standing over Arazi No. 407, no demolition proceeding shall be carried out and order passed by revenue authorities shall stand automatically set aside. 7. With the aforesaid observations, the writ petition stands disposed of. September 11, 2025 V.S.Singh WRIC No. 31741 of 2025 2 (Rohit Ranjan Agarwal,J.) Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad