HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 30349 of 2026 Court No. - 37 HON'BLE CHANDRA KUMAR RAI, J. 1. Office has reported that latches of 418 days in filing the instant petition. 2. Heard Sri Ajay Kumar Singh, Advocate, holding brief of Sri Mohammad Faizanul Hasan, learned counsel for the petitioner, Sri Rajesh Kumar Tiwari, learned Additional Chief Standing Counsel for the State and Sri Hari Narayan Singh, learned counsel for Gaon Sabha. 3. The instant writ petition has been filed for following reliefs; a) Issue a writ, order or direction in the nature of certiorari quashing and set aside the impugned order dated 04.03.2025 passed by the Tehsildar Tehsil Ghatampur, District Kanpur Nagar. b) Issue a writ, order or direction in the nature of mandamus commanding to do not eject to the petitioner from questioned land. 4. Counsel for the petitioner submits that the impugned order has been passed by Tehsildar under Section 67 of U.P. Revenue Code 2006 for eviction and damages in illegal and arbitrary manner. He further submitted that plot in question is recorded as Naveen Parti and petitioner is in possession of the plot in question since long as such the same shall deemed to be settled in favour of petitioner. He further submitted that order of eviction and damages passed by Tehsildar dated 04.03.2025 should be quashed. Versus Counsel for Petitioner(s) : Mohammad Faizanul Hasan, Shrawan Dwivedi Counsel for Respondent(s) : C.S.C., Hari Narayan Singh Deshraj .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) 5. Mr. Rajesh Kumar Tiwari, learned Additional Chief Standing Counsel for the State and Mr. Hari Narayan Singh, learned counsel for Gaon Sabha submitted that impugned order is appealable under Section 67(5) of U.P. Revenue Code-2006. They further submitted that there is latches of 418 days in filing the petition as such it cannot be entertained. 6. I have considered the argument advanced by counsel for the parties and perused the record. 7. There is no dispute about the fact that the order for eviction of damages has been passed by Tehsildar on 04.03.2025 against the petitioner under Section 67 of U.P. Revenue Code-2006. 8. The order passed by the Tehsildar for eviction and damages is appealable under Section 67(5) of U.P. Revenue Code-2006. 9. The writ petition is dismissed with liberty to the petitioner to file an appeal under Section 67(5) of U.P. Revenue Code-2006 along with application for condonation of delay before the appellate court and the appellate court shall decide the aforementioned appeal considering the delay condonation application after giving opportunity of hearing to both the parties, in accordance with law. September 14, 2026 v.k. updh. WRIC No. 30349 of 2026 2 (Chandra Kumar Rai,J.) Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad