HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 32751 of 2025 Court No. - 34 HON'BLE ROHIT RANJAN AGARWAL, J. 1. Petitioner, before this Court, claims that proceedings under Section 122-B of U.P.Z.A. & L.R. Act were initiated against his father way back in the year 1989, which was registered as Case No.209/413 of 1988-89. On objections being filed by his father, proceedings were dropped by the order of Tehsildar dated 21.08.1989 in respect of plot no.415, measuring 3 biswas. 2. According to petitioner, proceedings under Section 67 of U.P. Revenue Code, 2006 were initiated in which an eviction order was passed on 28.04.2023 and damages of Rs.8,43,600/- was imposed on the basis of circle rate fixed for the village in question @ Rs.1480/- per square meter. 3. It is also brought to notice of the Court that on the same day, Tehsildar, Handia, Prayagraj had passed an order for eviction in another case being Case No.3054 of 2017 (Gaon Sabha vs. Kal Ram), under Section 67 of U.P. Revenue Code, 2006 in respect of same village in which the Tehsildar had fixed the circle rate @ Rs.230/- per square meter and imposed damages on the basis of said amount. 4. Learned counsel for petitioner has submitted that it is the same officer who has passed two orders of eviction on 28.04.2023 imposing damages upon the petitioner- Raj Kumar fixing circle rate @ Rs.1480/- per square meter, while in case of Kal Ram, the circle rate was fixed @ Rs.230/- per square meter. According to him, the action of the Tehsildar is totally arbitrary. He further contends that the appellate authority has dismissed the appeal filed against the eviction order. 5. Learned Standing Counsel has submitted that the proceedings initiated under Section 122-B of U.P.Z.A. & L.R. Act was in regard to 3 biswas of land against the father of petitioner, while present proceedings have been initiated Versus Counsel for Petitioner(s) : Abhishek Kumar Yadav, Bhola Nath Yadav, Vimal Dharm Yadav Counsel for Respondent(s) : Azad Rai, C.S.C. Raj Kumar .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) for the encroachment carried out by the petitioner and his brothers in respect of 15 biswas of land. According to him, 3 biswas of land can be settled with the petitioner and his brothers, but they have encroached 12 biswas of excess land. 6. I have heard respective counsel for parties and perused the material on record. 7. It is an undisputed fact that proceedings under Section 122-B of U.P.Z.A. & L.R. Act was initiated against Shanker Lal, father of the petitioner way back in the year 1989 which was in respect of 3 biswas of land and after objections having been filed, the proceedings were dropped in the year 1989 itself, and no proceedings for eviction was carried out for next 29 years. 8. From the reading of the order of Tehsildar dated 28.04.2023, it is clear that the damages have been ascertained at the circle rate of Rs.1480/- per square meter, while on the same day, the same officer in respect of same village in eviction proceedings under Section 67 has fixed the circle rate @ Rs.230/- per square meter and determined the damages against the other encroacher, Kal Ram. The action of the Tehsildar is illegal and arbitrary while imposing the damages upon the two parties who have alleged to have encroached the land of Gaon Sabha which has been recorded as pasture land. 9. Learned counsel for the petitioner has fairly conceded the fact that only 3 biswas of land may be settled with the petitioner and his brothers, as it was settled with their father and rest of the land as alleged by the Gaon Sabha to be in possession may be taken back. He further fairly submitted that the damages should be quantified at the circle rate of Rs.230/- per square meter and not @ Rs.1480/-. 10. Considering the facts and circumstances of the case, the order of eviction as well as appellate order is modified to the extent that the revenue authorities shall not vacate the petitioner and his brothers from 3 biswas of land which was settled with their father way back in the year 1989 and the revenue authorities shall clear up the encroachment for rest of the 12 biswas of land and further the damages should be re-calculated @ Rs.230/- per square meter against the petitioner and his brothers which shall be recovered from them as arrears of land. 11. With the aforesaid observations, writ petition stands disposed of. September 24, 2025 SK Goswami WRIC No. 32751 of 2025 2 (Rohit Ranjan Agarwal,J.) Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad