HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 33017 of 2025 Court No. - 34 HON'BLE ROHIT RANJAN AGARWAL, J. 1. Petitioner before this Court claims that he is bhumidhar of Gata No. 151 alongwith other tenure holders. Eviction proceedings were initiated on the ground that petitioner has encroached upon the land of Gaon Sabha, which is recorded as Gata No. 152-A measuring 0.0480 hectare and encroachment is alleged on 0.0120 hectare. As petitioner did not appear before the Tehsildar eviction order was passed imposing damages on 1.2.2025. In the appeal filed under Section 67 (5) of U.P. Revenue Code, 2006 a specific ground was taken that Gata No. 152-A is adjoining to the land of petitioner which is Gata No. 151. The appellate authority by the order impugned has remanded the matter to the Tehsildar to decide the matter afresh after affording opportunity of hearing and has directed the completion of proceeding on a single day. 2. Learned counsel for petitioner is aggrieved by the order impugned granting a single day for completion of proceeding and submits that documentary proof could not be submitted in one day and spot inspection needs in the present matter. Further demarcation has to be carried out as Gata No. 151 has to be segregated with Gata No. 152-A. 3. Learned Standing Counsel has opposed the writ petition. 4. I have heard learned counsel for parties and perused the material on record. 5. From perusal of the records, it appears that the appellate authority Versus Counsel for Petitioner(s) : Prakash Veer Tripathi, Santosh Kumar Tiwari Counsel for Respondent(s) : C.S.C., Pankaj Kumar Gupta Lakshmi Narayan .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) while remanding the matter has been swayed with the direction of this Court passed in case of Rishipal Singh Vs. State of U.P. and others, 2023 (1) ADJ 154. Once the case was remanded to the Tehsildar petitioner should have been given ample opportunity to prove his case on the basis of material available with him such as khatauni of Gata No. 151 and also making spot inspection demarcating the land of petitioner from the land of Gaon Sabha. 6. In view of the said fact, the order dated 24.7.2025 passed by the appellate authority/respondent no. 2 in Case No. 1125 of 2025 is modified to the extent that the Tehsildar shall demarcate the land of Gaon Sabha being Gata No. 152-A adjoining the land of petitioner being Gata No. 151 after ascertaining the revenue records and carrying out demarcation proceedings within one month from the date of receipt of certified copy of this order and, thereafter, pass necessary orders complying the remand order passed by the appellate authority. 7. With the aforesaid directions, writ petition stands disposed of. September 19, 2025 Shekhar WRIC No. 33017 of 2025 2 (Rohit Ranjan Agarwal,J.) Digitally signed by :- SHASHI SHEKHAR PANDEY High Court of Judicature at Allahabad