Ajij Ahmad v. State of U.P. Thru. Secy. Deptt. of Revenue Lko. and 7 Others

Court No. - 2 Case :- WRIT - C No. - 6048 of 2025 Petitioner :- Ajij Ahmad Respondent :- State Of U.P. Thru. Secy. Deptt. Of Revenue Lko. And 7 Others Counsel for Petitioner :- Vishun Narain,Sushant Kumar Kabir Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J. Hon'ble Arun Kumar Singh Deshwal,J.

¶1Heard Sri Vishun Narain, learned counsel for the petitioner as well as learned Standing Counsel for the respondents.

¶2It has been submitted by learned counsel for the petitioner that petitioner has purchased part of land of Gata No. 161, situated at Village - Mubarakpur, Pargana - Mahona, Tehsil - Bakshi Ka Talab, District - Lucknow. It is submitted that Gata No. 179 measuring 0.0530 hectares is recorded as Chak Road while Gata No. 183 has been recorded as 'nali' in the revenue records.

¶3It is next submitted by learned counsel for the petitioner that over the land recorded as chak road and nali, encroachments have been made by the illegal encroachers, due to which proceedings under Section 67 of the U.P. Revenue Code have been initiated against illegal encroachers by the competent authority.

¶4It is further submitted that the encroachers have moved an application before the Board of Revenue, who has passed an order holding an inquiry in the said matter.

¶5It is the contention of the petitioner that once statutory proceedings under Section 67 of the U.P. Revenue Code were initiated and said proceedings were underway, the Board of Revenue has no jurisdiction to interfere in such proceedings until and unless final orders are passed under Section 67 of the U.P. Revenue Code.

¶6It is also submitted by learned counsel for the petitioner that proceedings under Section 67 of the U.P. Revenue Code should proceed and conclude in accordance with law without being influenced by the impugned order dated 12.06.2025, passed by the Board of Revenue.

¶7Learned Standing Counsel on the other hand has though opposed the writ petition, but could not dispute the aforesaid facts.

¶8This Court is of the considered view that in case public utility land is being encroached upon by the illegal encroachers, then power is vested in the authority to make inquiry and impose penalty as per procedure prescribed under Section 67 of the U.P. Revenue Code, after giving full opportunity to the alleged encroachers against whom such proceedings have been initiated.

¶9Accordingly, in the present case, we find that cases under Section 67 of the U.P. Revenue Code have been initiated and cases registered are Case Nos. T202510460400006, T202510460400007,

T202510460400009

and T2025104604000010, and accordingly, once proceedings have been initiated, it is incumbent upon the competent authority to proceed in accordance with law and conclude the same within 90 days period, which time period in the present case has expired.

¶10Accordingly, this Court is of the considered view that the competent authority shall proceed and conclude the proceedings within next two months from the date of production of certified copy of this order. While passing such order, he shall not be influenced by any other order passed in the matter by the Board of Revenue, impugned in the present writ petition.

¶11With aforesaid directions present writ petition stands disposed of. Order Date :- 25.6.2025 A. Verma (Arun Kumar Singh Deshwal, J.) (Alok Mathur, J.) High Court of Judicature at Allahabad, Lucknow Bench