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2025 DAILYLAW 94814 (ALL)

LAL BAHADUR v. THE STATE OF U.P. AND 3 OTHERS

WRIC/31956/2025 · 2025-09-14

Rohit Ranjan Agarwal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 31956 of 2025 Court No. - 34 HON'BLE ROHIT RANJAN AGARWAL, J. 1. It is contended by learned counsel for the petitioner that eviction proceeding was initiated in respect of Arazi No. 149M measuring 0.020 hectare which is recorded as bhitta which is a public utility land in the revenue records. Eviction order was passed against which an appeal was preferred under Section 67(5) of U.P. Revenue Code, 2006 in which the petitioner has admitted that he has constructed house in Gata No. 149 which has been recorded as bhitta during the consolidation proceedings. 2. According to petitioner, he has also filed a suit for permanent injunction, which is pending consideration. 3. After hearing learned counsel for the parties and perusing the material on record, I find that it is an admitted case that house has been constructed over Arazi No. 149 which has been recorded as public utility land. 4. Once the petitioner himself has admitted the said case, no case for interference in the order impugned is made out. 5. The writ petition fails and is hereby dismissed. 6. However, in case, any application under Section 67A of the Code, 2006 is filed, the same shall be considered, strictly in accordance with law. September 15, 2025 V.S.Singh Versus Counsel for Petitioner(s) : Gopal Mishra, Mritunjay Yadav Counsel for Respondent(s) : Bhupendra Kumar Tripathi, C.S.C. (Rohit Ranjan Agarwal,J.) Lal Bahadur .....Petitioner(s) The State Of U.P. And 3 Others .....Respondent(s) Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad