Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 33045 of 2025 Court No. - 34 HON'BLE ROHIT RANJAN AGARWAL, J.
1. The eviction proceedings were initiated against the petitioner for Gata No. 133 and 455 measuring 0.049 and 0.020 hectare which is said to be land of gaon sabha. The eviction order was passed on 29.11.2023 against which a restoration application was moved and the same was dismissed on
29.06.2024. Thereafter the petitioner had preferred an appeal under Section 67 (5) of the U.P. Revenue Code, 2006 which has also been dismissed by the impugned order dated 23.08.2025.
2. Learned counsel for the petitioner submitted that the area given in the order of eviction as well as in the order of appeal differs. Apart from this, no other argument has been raised from the petitioner's side.
3. Learned Standing Counsel has opposed the writ petition and has contended that the authorities have rightly passed the orders impugned.
4. After hearing the learned counsel for the parties and perusing the material available on record, I find that the revenue authorities have alleged encroachment upon the gaon sabha land in regard to Gata No. 133 and 455. In the appeal filed by the petitioner, no ground has been taken so as to demonstrate the fact that the petitioner is the owner of the land over which he is in possession. Nowhere before the revenue authorities, the petitioner has claimed that he has made constructions over his own land. Technical objection raised by the petitioner's counsel is to the area cannot be considered once the petitioner has not made any claim over the land over which the encroachment is alleged by the revenue authorities.
5. Considering the facts and circumstances of this case, I find no case for interference is made out. Versus Counsel for Petitioner(s) : Anil Kumar Aditya Counsel for Respondent(s) : C.S.C., Krishna Kant Singh Bhudev Prasad .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s)
6. Writ petition is misconceived and stands dismissed. September 19, 2025 Jaswant WRIC No. 33045 of 2025 2 (Rohit Ranjan Agarwal,J.) Digitally signed by :- JASWANT KUMAR High Court of Judicature at Allahabad