Allahabad High Court
ANIL KUMAR AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- VIVEK SARAN
Holding
The writ petition is dismissed as the demolition and eviction have already taken place, making the relief sought unavailable.
Summary
The petitioners, Anil Kumar and another, filed a writ seeking a certiorari to quash a notice dated 14 January 2026 that led to their eviction and demolition of a house on Gata No.79 Mi, which they claimed was an abadi area and thus protected. The State respondents argued that the eviction was based on a revenue lekhpal report and that the petitioners had been in possession of more than the permissible 0.142 hectares. The court observed that the demolition and eviction had already been carried out, rendering the relief sought impossible to grant. Consequently, the court dismissed the writ petition, but allowed the petitioners to pursue remedies under the Uttar Pradesh Revenue Code, 2006. The judgment also directed the respondents not to proceed with further eviction against the petitioners as recorded tenure holders.
Issues considered
- Whether a writ of certiorari can be issued to quash an eviction notice after the demolition and eviction have been effected
- Whether the petitioner's claim of possession over an abadi area bars the revenue authorities from evicting him
Legislation cited
Subjects
- eviction
- abadi
- writ petition
- certiorari
- land revenue
- demolition
- possession
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 22923 of 2026
Anil Kumar And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ashok Kumar Yadav
Counsel for Respondent(s) : Bhupendra Kumar Tripathi, C.S.C.
Court No. - 5
HON'BLE VIVEK SARAN, J.
1. Heard Sri Ashok Kumar Yadav, learned counsel for the petitioner and
learned Standing Counsel for the State-respondents.
2. Pursuant to the earlier order passed by this Court, learned Standing
Counsel has furnished written instructions dated 25.07.2026 under the
signatures of Tehsildar, Madiyahu, Jaunpur, the same are taken on record.
3. The instant writ petition has been filed with the following relief:
"A. Issue a writ order or direction in the nature of Certiorari to
quash the impugned notice/order dated 14.01.2026 issued by
the concern village lekhpal against the petitioners."
4. It is the admitted case of the petitioner that he has been evicted and his
house has been demolished from the Gata No.79 Mi. and he submits that
he was having possession over the same since the same was an abadi area.
He submits that the Gata No.79 Mi has been recorded as Abadi and as
such impugned action of the State-respondents cannot be justified.
5. Per contra, learned Standing Counsel for the State-respondents submits
that the petitioner has already been evicted pursuant to the impugned
notice dated 14.01.2026 and the said proceedings have been initiated
pursuant to the report of Rajaswa Lekhpal dated 16.12.2025. As the
petitioner was in possession for more than the requisite area that is 0.142
hectares and the petitioner was very well aware of the same.
WRIC No. 22923 of 2026
2
6. As the eviction proceedings have already been effected, the petitioner
vehemently objects the same stating that unless demarcation was done,
the same could not have been made.
7. In the considered opinion of this Court, the instant writ petition cannot
be proceeded any further as the relief claimed by the petitioner cannot be
now granted as the demolition and eviction has already taken place.
8. However, liberty rest with the petitioner to take such recourse as
available under the U.P. Revenue Code, 2006.
9. Accordingly, the writ petition stands dismissed with the aforesaid
liberty.
10. It is expected that the respondents shall not be proceeding to evict the
petitioner from the area of which he is a recorded tenure holder.
(Vivek Saran,J.)
September 23, 2026
Deepika
Digitally signed by :-
DEEPIKA SINGH
High Court of Judicature at Allahabad
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