/11865/2025 of LAXMAN PRASAD @ LAXAM PRASAD Vs STATE OF U.P. THRU. ADDL. CHIEF SECY., REVENUE DEPTT., LKO. AND OTHERS on 8 December 2025

1. Heard Sri Ramu Patel, learned counsel for the petitioner and the learned Standing Counsel for the opposite party Nos. 1, 2 and 3.

2. It has been submitted by learned counsel for the petitioner that proceedings under Section 67 of the U.P. Revenue Code 2006 (hereinafter referred as 'Code 2006') were initiated against the petitioner for illegal construction/encroachment upon Gaon Sabha land situated at Gata No. 272 situated in Village Pakadiya, Pargana Bhinga, Tehsil Ikauna, District Shrawasti. Notices were issued to the him. In the said proceedings the Tehsildar passed order dated 23.10.2023. This order dated 23.10.2023 was challenged by the petitioner in appeal before the District Magistrate, Shrawasti, however, with a delay of two years and was supported by an application for condonation of delay. The appellate authority has rejected the application. The appeal of the petitioner was rejected vide order dated 12.11.2025. Before this court the petitioner has challenged the orders dated 12.11.2025 as well as the order dated 25.10.2023.

3. Considering the grievance raised by the petitioner that he is a recorded tenure holder of Gata No. 271, while the allegations of illegal encroachment are on Gata No. 272; in his appeal, petitioner has categorically stated that he has not encroached upon Gata No. 272 and his construction is confined to Gata No. 271, in the aforesaid circumstances, let proceedings for demarcation be undertaken by the Sub Divisional Magistrate, Tehsil Ikauna, District Shrawasti, who shall conduct the said proceedings and conclude the same within a period of 2 months from the date a certified copy of this order is produced before him, in accordance with law.

4. In case, it is found that the petitioner does not have any construction or encroachment on Gata No. 272, then liberty is granted to the petitioner to move an application for recall of orders dated 12.11.2025 and 25.10.2023 before the District Magistrate, who shall consider the report of the Sub Divisional Magistrate and pass fresh order in the light thereof. On the other hand, in case petitioner is found to have encroached upon Gata No. 272, the authorities shall proceed to execute the order passed by the Versus Counsel for Petitioner(s) : Amit Kumar Singh, Ramu Patel Counsel for Respondent(s) : C.S.C., Pankaj Gupta Laxman Prasad @ Laxam Prasad .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy., Revenue Deptt., Lko. And Others .....Respondent(s)

Tehsildar as well as the District Magistrate.

5. It is made clear that till proceedings under Section 24 of the U.P. Revenue Code 2006 are concluded, no coercive action shall be taken against the petitioner in pursuance of orders dated 12.11.2025 and 25.10.2023. It is further clarified that once appropriate orders are passed, the protection in pursuance to the order passed by this court shall end and the matter shall be governed by further directions and orders issued by the authorities.

6. The aforesaid order has been passed subject to the condition that the petitioner shall cooperate in the proceedings before the authorities concerned.

7. With the aforesaid observations/directions this writ petition is disposed of.

December 8, 2025 A. Verma WRIC No. 11865 of 2025 2 (Alok Mathur,J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench