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2026 Supreme(Online)(All) 745

Shahban And Another – Appellant
Versus
State Of U.P. Thru. Addl. Chief Secy. Revenue Lko. – Respondent


1. Heard Sri Mohd. Mansoor, learned counsel for the petitioners as well as Sri Yogesh Kumar Awasthi, learned Standing Counsel for the respondents.

2. The petitioner has challenged the proceedings under Section 67 of the U.P. Revenue Code, 2006, whereby order is for eviction and imposition of penalty have been passed against the petitioner for having illegally encroached and built a mosque on land situated at Gata No. 648, area 0.300Hec., which is recorded as “Khalihan” in the revenue records and is consequently a land belonging to the Gram Sabha.

3. The proceedings were initiated by the issuance of a notice in RC form 19 requiring the petitioners to show cause as to why they should not be evicted from land situated at Gata No. 648, situated at Village – Asti, Pargana – Mohana, Tehsil - Bakshi-Ka-Talab, District - Lucknow. In pursuance of the notice, the petitioners had appeared before the Tehsildar on 11/12/2024 and filed their objections stating that they had not constructed a mosque on the Gram Sabha land, and the existing mosque had been constructed 60 years before to facilitate the persons following Islam and further prayed for setting aside the notice.

4. The Te

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