HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 31708 of 2025 Court No. - 34 HON'BLE ROHIT RANJAN AGARWAL, J. 1. Eviction proceedings against the petitioner were initiated under Section 67 of U.P. Revenue Code, 2006 on the ground that petitioner had encroached upon 0.002 hectare land of Gata No. 791 which consists of 0.065 hectare and same has been recorded as Nali in the revenue records. Petitioner contested the said proceedings and filed his objections claiming that he is bhumidhar in possession of arazi no. 790 and not made any encroachment over the Nali which is alleged to be Gata No. 791. The Tehsildar after making spot inspection has recorded a finding that the petitioner has encroached upon Gata No. 791, which is recorded as Nali in revenue recorded under category 6 (1). The said order has been challenged in appeal under Section 67 (5) of U.P. Revenue Code, 2006, which has been dismissed by the appellate authority. 2. Learned counsel for petitioner submits that no such encroachment has been made by petitioner on Gata No. 791 and without making any demarcation the order of eviction has been passed. 3. Learned Standing Counsel has defended the order passed by the revenue authorities. 4. I have heard learned counsel for parties and perused the material on record. From perusal of the objections as well as memo of appeal filed by petitioner, it is clear that case of petitioner is that he is the bhumidhar in possession of Gata No. 790. According to petitioner, he has not encroached upon the land of Gaon Sabha, which is recorded as Nali on Gata No. 791 to the extent of 0.002 hectare. 5. This is a factual dispute and as no demarcation proceedings were carried out till date, no useful purpose would be served in keeping the matter pending or issuing notice to the private respondents, the writ petition is being disposed of, at the admission stage, without calling for counter affidavit, requiring the revenue authorities to carry out the demarcation proceedings in respect of land in dispute within one month Versus Counsel for Petitioner(s) : Rituvendra Singh Nagvanshi Counsel for Respondent(s) : C.S.C., Sudhir Bharti Shri Deep Chandra .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) from today and, in case, it is found that petitioner has encroached upon the land of Gaon Sabha on Gata No. 791 to the extent of 0.002 hectare, the construction of petitioner to be demolished and damages would be recovered from the petitioner. However, on demarcation if it is found that no such encroachment has been made by the petitioner over the disputed gata both the orders passed by the revenue authorities would be deemed to have been set aside by this Court. 6. With the aforesaid directions, writ petition stands disposed of. September 11, 2025 Shekhar WRIC No. 31708 of 2025 2 (Rohit Ranjan Agarwal,J.) Digitally signed by :- SHASHI SHEKHAR PANDEY High Court of Judicature at Allahabad