Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 31937 of 2025 Court No. - 34 HON'BLE ROHIT RANJAN AGARWAL, J.
1. Proceeding for eviction against the petitioner was initiated in respect of public utility land recorded in the revenue records as Gata No. 149. Initially, petitioner did not participate in eviction proceeding and order of eviction was passed in the year 2022. A restoration application was moved by the petitioner, which was allowed on 15.12.2022 and the case was restored to its original number. After hearing the petitioner, the Tehsildar again passed an order of eviction, which has been challenged in appeal filed under Section 67 (5) of U.P. Revenue Code, 2006. The sole ground for challenge in appeal was that initially the land was recorded as banjar and subsequently it has been recorded as bhita land i.e. public utility land and petitioner had constructed a house and, as such, petitioner cannot be evicted from the land in dispute.
2. I have heard learned counsel for the parties and perused the material on record. Concurrent findings have been recorded by both the revenue authorities that the land in question initially was recorded as banjar and subsequently recorded as public utility land and petitioner has been found in possession over the land of Gaon Sabha. After the case was restored again finding Versus Counsel for Petitioner(s) : Gopal Mishra, Mritunjay Yadav Counsel for Respondent(s) : Bhupendra Kumar Tripathi, C.S.C. Dayaram .....Petitioner(s) The State Of U.P. And 3 Others .....Respondent(s)
has been returned by the Tehsildar as to the encroachment made by petitioner over the public utility land.
3. Once concurrent finding has been recorded by both the revenue authorities which had remain unchallenged till date, no case for interference is made out.
4. Writ petition is misconceived and stands dismissed. September 12, 2025 Shekhar WRIC No. 31937 of 2025 2 (Rohit Ranjan Agarwal,J.) Digitally signed by :- SHASHI SHEKHAR PANDEY High Court of Judicature at Allahabad