Allahabad High Court

UMA SHANKARversusSTATE OF U.P. AND 5 OTHERS

Decided: 4 May 2026
Bench: MANISH KUMAR NIGAM

Holding

The notice is not a notice under Section 67 of the U.P. Revenue Code, 2006, and eviction cannot be effected except after proper proceedings are initiated.

Summary

Petitioner Uma Shankar filed a writ petition challenging a notice dated 31.03.2026 that directed him to remove constructions on disputed land and threatened initiation of proceedings under Section 67 of the U.P. Revenue Code, 2006. The petitioner argued that the notice was not a valid notice under Section 67 but merely an information. The court, relying on the standing counsel's submission, held that the notice did not constitute a Section 67 notice. Consequently, the court directed that the respondents could not evict the petitioner until proper proceedings under the Revenue Code are initiated, and that the petitioner must be given a reasonable opportunity to contest such proceedings. The petition was disposed with the said direction.

Issues considered

Whether the notice dated 31.03.2026 is a valid notice under Section 67 of the U.P. Revenue Code, 2006
Whether eviction of the petitioner can be effected without initiating proceedings under the Revenue Code

Legislation cited

U.P. Revenue Code, 2006 — s. 67

Subjects

notice
eviction
U.P. Revenue Code
Section 67
land dispute
writ petition

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 17381 of 2026

Uma Shankar
.....Petitioner(s)
Versus

State Of U.P. And 5 Others
.....Respondent(s)

Counsel for Petitioner(s) : Pankaj Dhar Dubey, Shrawan Kumar
Pandey
Counsel for Respondent(s) : Bhupendra Kumar Tripathi, C.S.C.

Court No. - 36
HON'BLE MANISH KUMAR NIGAM, J.

1. This petition has been filed challenging the notice dated 31.03.2026
which is at page No. 52 of the writ petition.

2. Learned Standing Counsel has submitted that petitioner has challenged
the notice by which he has been directed to remove his constructions,
otherwise, proceedings under Section 67 of U.P. Revenue Code, 2006
shall be initiated against the petitioner. It is also submitted by learned
Standing Counsel that this notice is not a notice under Section 67 of U.P.
Revenue Code, 2006 but an information to the petitioner.

3. In view of the statement made by learned Standing Counsel, the
petition is disposed of with a direction to the respondents not to evict the
petitioner from the land in dispute except in accordance with law i.e. after
initiating proceedings under the U.P. Revenue Code, 2006. In any such
proceedings initiated by the respondents, the petitioner will be given a
reasonable opportunity to contest the proceedings in accordance with law.

(Manish Kumar Nigam,J.)
May 5, 2026
Nitika Sri.

Digitally signed by :-
NITIKA SRIVASTAVA
High Court of Judicature at Allahabad

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