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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 32957 of 2025 Court No. - 34 HON'BLE ROHIT RANJAN AGARWAL, J.
1. Petitioner, before this Court, claims that during consolidation proceedings, Gata No.487 which was recorded as banzar was renumbered as Gata No.653 and was shown as abadi. Proceedings under Section 67 of U.P. Revenue Code, 2006 was initiated in which an ex-parte order for eviction was passed. In the appeal filed by the petitioner, specific grounds no.11, 12 & 13 were taken that Gata No.653 is abadi and not recorded as banzar during consolidation proceedings. According to petitioner's counsel, the grounds raised in the appeal have not been considered by the appellate authority.
2. Learned Standing Counsel has defended the order passed by the revenue authorities.
3. Having heard learned counsel for the parties and perusing the material on record, I find that specific grounds have been taken by the appellant that in Form 2-A that Gata No.487 was renumbered as Gata No.653 which was initially shown as banzar land and thereafter, it has been recorded as abadi. If this is the case and the grounds have been taken in the appeal, the appellate authority should have gone in the said question and decide the grounds so raised by the petitioner.
4. In view of the said fact, orders dated 12.08.2025 passed by respondent no.2 in Appeal No.2251 of 2025 (Computer No.D-202511170002252) is hereby set aside.
5. Writ petition is partly allowed. Versus Counsel for Petitioner(s) : Jigyasa Singh, Navin Kumar Counsel for Respondent(s) : C.S.C., Sunil Kumar Singh Onkar Singh .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s)
6. The matter is remitted back to the appellate authority to accord fresh consideration to the appeal of the petitioner and decide the same on the basis of grounds raised in the memo of appeal, within a period of one month from the date of production of certified copy of this order. September 19, 2025 SK Goswami WRIC No. 32957 of 2025 2 (Rohit Ranjan Agarwal,J.) Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad