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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW BENCH
ALOK MATHUR
Anupam Kumar Mishra – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. notice of eviction for illegal occupation (Para 1 , 2 , 3) |
| 2. petitioner's admission of occupation without lawful basis (Para 4 , 5) |
| 3. court's analysis supports eviction as lawful (Para 6 , 7) |
| 4. revenue authority to act against all encroachments (Para 8) |
ALOK MATHUR, J.
1. Heard Shri Alok Kumar Mishra, learned counsel for the petitioner as well as learned Standing Counsel for respondents no. 1 to 4.
2. In the light of the order proposed to be passed, notice to private respondent, is dispensed with.
3. By means of present writ petition the petitioner has challenged the notice dated 29.10.2025 issued by Area Lekhpal, Tehsil Colonelganj, District Gonda, wherein he has directed all the persons who have illegally occupied the land situated at Gata No. 360/0.0200 hectares (Nayee Parti) as well as Gata No. 361/0.0770 hectares, which is recorded as Naveen Parti and Banjar Bhumi, which is also being used by the villagers for their animals required for public purposes and all the illegal occupants have been directed to remove their encroachment within 05 days, failing which they would be evicted by use of force, in accordance with law.
4. It has been submitted by le
Court affirms lawful eviction of illegal encroacher on Gaon Sabha land when no legal claim was substantiated, emphasizing mandatory removal by authorities under U.P. Revenue Code.
Eviction orders under the U.P. Revenue Code require measurement and demarcation to establish illegal possession; failure to do so renders such orders unsustainable.
Authorities must adhere to statutory provisions and consider beneficial legislation in eviction proceedings under the U.P. Revenue Code.
All State Governments in the country that they should prepare schemes for eviction of illegal/unauthorised occupants of Gram Sabha/Gram Panchayat/poramboke/shamlat land and these must be restored to ....
The court reinforced the principle that statutory remedies under the Uttar Pradesh Revenue Code, 2006, must be pursued for resolving disputes related to encroachments on public utility land.
The main legal point established in the judgment is that Sections 61 and 79A of the Bombay Land Revenue Code, 1879, providing for penalties for unauthorized occupation of land and summary eviction of....
The court affirmed the eviction order but quashed the damages due to lack of conclusive evidence and procedural irregularities in the assessment of damages.
Eviction upheld for illegal possession of public land, but damages quashed due to lack of justification and procedural errors by the appellate authority.
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