Allahabad High Court

WRIC/8115/2026 of JITENDRA Vs STATE OF U.P. AND 3 OTHERS on 7 October 2026

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JUDICATURE AT ALLAHABAD WRIT - C No. - 8115 of 2026 Court No. - 36 HON'BLE SAURABH SHYAM SHAMSHERY, J. 1. Heard Sri Yogesh Kumar Tiwari, learned counsel for the petitioner and Sri Rajesh Tiwari, learned Additional Chief Standing Counsel. 2. Petitioner has set up a case that his Grand Father was

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - C No. - 8115 of 2026

Court No. - 36

HON'BLE SAURABH SHYAM SHAMSHERY, J.

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1. Heard Sri Yogesh Kumar Tiwari, learned counsel for the petitioner and Sri Rajesh Tiwari, learned Additional Chief Standing Counsel.

2. Petitioner has set up a case that his Grand Father was allotted a residential patta which was endorsed in the revenue records of the year 1982.

3. Admittedly, after the death of petitioners Grand Father, his name was not recorded, except that now it is being recorded as Abadi.

4. A proceedings under Section 67 of U.P. Revenue Code, 2006 were initiated and vide an order dated 11.4.2025, an order of eviction was passed on a ground that land in question is recorded as Naveen Parti and the petitioner was unable to show any right over the land. An appeal was also dismissed on same grounds.

5. Learned counsel for the petitioner submitted that once land was recorded in name of petitioner's Grand Father (lease holder), it shall be continued to his legal heirs.

6. Learned counsel for the petitioner referred Section 67-A of Revenue Code, 2006 that certain house can be settled with existing owners thereof. However this ground was taken for the first time before this Court since it requires certain prior conditions.

7. In the aforesaid circumstances, on basis of records available and Versus Counsel for Petitioner(s) : Yogesh Kumar Tiwari Counsel for Respondent(s) : Bhupendra Kumar Tripathi, C.S.C. Jitendra .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)

consideration made in the impugned order, relief sought cannot be granted. However in case, petitioner fulfills the requirement as provided under Section 67-A of the aforesaid Act, he can still move an application before the concerned authority.

8. Writ Petition is disposed of with aforesaid liberty. October 8, 2026 SB WRIC No. 8115 of 2026 2 (Saurabh Shyam Shamshery,J.) Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad

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