Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 33621 of 2025 Court No. - 34 HON'BLE ROHIT RANJAN AGARWAL, J.
1. Eviction order has been passed in proceedings under Section 67 of the U.P. Revenue Code, 2006, against the petitioner on the ground that he has encroached upon the land of the Gaon Sabha which is Arazi No. 67 and has been recorded as a 'pond' in the revenue records. The claim of the petitioner is that he has constructed a house over Arazi No. 68 which is a banjer land. He has relied upon the report of the various revenue authorities indicating that the house exists on Arazi No. 68 and not on Arazi No. 67. In the objection filed by the petitioner, the case set up is that the house exists on Arazi No. 68 which is a banjer land.
2. Having heard the counsel for the petitioner and counsel for the respondents, I find that it is an admitted case of the petitioner that his house exists on Arazi No. 68 which is recorded as banjer land which is the land of the Gaon Sabha. Once the admission is there on behalf of the petitioner himself that he is occupying the land of the Gaon Sabha, no case for interference is made out in the eviction order which has been confirmed in appeal.
3. The writ petition fails and is hereby dismissed.
4. However, looking to the fact that the house exists for a long time over the banjer land, the petitioner has remedy of moving an application under Section 67A of the U.P. Revenue Code, 2006, before the revenue authorities. In case, the same is moved, it shall be decided by the revenue authorities, strictly in accordance with law. September 24, 2025 A. V. Singh Versus Counsel for Petitioner(s) : Santosh Kumar Mishra, Vinay Kumar Mishra Counsel for Respondent(s) : C.S.C., Monu Upadhyay, Sudhir Bharti (Rohit Ranjan Agarwal,J.) Lallan .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) Digitally signed by :- AJAY VIKRAM SINGH High Court of Judicature at Allahabad