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2026 DAILYLAW 9134 (ALL)

ANIL KUMAR AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

WRIC/22923/2026 · 2026-09-22

Vivek Saran

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 22923 of 2026 Court No. - 5 HON'BLE VIVEK SARAN, J. 1. Heard Sri Ashok Kumar Yadav, learned counsel for the petitioner and learned Standing Counsel for the State-respondents. 2. Pursuant to the earlier order passed by this Court, learned Standing Counsel has furnished written instructions dated 25.07.2026 under the signatures of Tehsildar, Madiyahu, Jaunpur, the same are taken on record. 3. The instant writ petition has been filed with the following relief: "A. Issue a writ order or direction in the nature of Certiorari to quash the impugned notice/order dated 14.01.2026 issued by the concern village lekhpal against the petitioners." 4. It is the admitted case of the petitioner that he has been evicted and his house has been demolished from the Gata No.79 Mi. and he submits that he was having possession over the same since the same was an abadi area. He submits that the Gata No.79 Mi has been recorded as Abadi and as such impugned action of the State-respondents cannot be justified. 5. Per contra, learned Standing Counsel for the State-respondents submits that the petitioner has already been evicted pursuant to the impugned notice dated 14.01.2026 and the said proceedings have been initiated pursuant to the report of Rajaswa Lekhpal dated 16.12.2025. As the petitioner was in possession for more than the requisite area that is 0.142 hectares and the petitioner was very well aware of the same. Versus Counsel for Petitioner(s) : Ashok Kumar Yadav Counsel for Respondent(s) : Bhupendra Kumar Tripathi, C.S.C. Anil Kumar And Another .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) 6. As the eviction proceedings have already been effected, the petitioner vehemently objects the same stating that unless demarcation was done, the same could not have been made. 7. In the considered opinion of this Court, the instant writ petition cannot be proceeded any further as the relief claimed by the petitioner cannot be now granted as the demolition and eviction has already taken place. 8. However, liberty rest with the petitioner to take such recourse as available under the U.P. Revenue Code, 2006. 9. Accordingly, the writ petition stands dismissed with the aforesaid liberty. 10. It is expected that the respondents shall not be proceeding to evict the petitioner from the area of which he is a recorded tenure holder. September 23, 2026 Deepika WRIC No. 22923 of 2026 2 (Vivek Saran,J.) Digitally signed by :- DEEPIKA SINGH High Court of Judicature at Allahabad