Disposed¶17

Totaram v. State of U.P. Thru. Prin. Secy. Revenue, Lko. and Others

Allahabad HC4 Feb 2026WRIC/399/2026

Case brief

AI extract

What is this about?

U.P. Revenue Code Section 67 encroachment proceedings; regularization under Section 67-A; Harijan Aabadi reserved land; 40-year occupation; patta; government relocation scheme; Standing Counsel instructions; interim order; Allahabad High Court Lucknow Bench; Alok Mathur J.; Writ-C 399/2026; Kheri (Palia Kalan); listed 19.02.2026.

What did the court decide?

No substantive relief granted at this stage; Court directed that instructions be received from the learned Standing Counsel within 10 days and the matter be listed on 19.02.2026 in top ten cases of the cause list. ¶17

Totaram vs State of U.P. Thru. Prin. Secy. Revenue, Lko. and Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner's occupation of the said land can be regularized under Section 67-A of the U.P. Revenue Code, and whether any government scheme exists for relocation of the petitioner on other suitable land. +1 more

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Court's answer

Interim direction: instructions to be sought from the learned Standing Counsel on whether the petitioner's occupation of the said land can be regularized under Section 67-A of the U.P. Revenue Code and whether any government scheme exists for relocation of the petitioner on other suitable land, to be received within 10 days.

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Detailed headnote1 paragraphs

Interim order, Writ-C No. 399 of 2026, High Court of Judicature at Allahabad, Lucknow Bench, Court No. 5, Alok Mathur, J., dated 04.02.2026. Petitioner Totaram submits that proceedings under Section 67 of the U.P. Revenue Code were initiated against him for allegedly illegally encroaching upon land at Gata No. 2130/0.304 Hec., of which he claims to occupy 0.03 decimal in Village Pasiyapur, Majra-Bheera, Pargana Bhud, Tehsil Palia Kalan, District Kheri, for more than 40 years, purportedly as permissible occupation at the behest of the then Pradhan, with no information whether formal patta was ever granted. The land is stated to be reserved for 'Harijan Aabadi' and the petitioner claims to have no other agricultural or residential land. Considering these facts, the Court directed that instructions be sought from the learned Standing Counsel on (i) whether the petitioner's occupation can be regularized under Section 67-A of the U.P. Revenue Code and (ii) whether any government scheme exists for relocating the petitioner on other suitable land; instructions to be received within 10 days; matter listed for 19.02.2026 in top ten cases of the cause list. No substantive holding; interim procedural directions only.

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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WRIT - C No. - 399 of 2026

Totaram

.....Petitioner(s)

Versus

State Of U.P. Thru. Prin. Secy. Revenue, Lko. And Others

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ers	.....Respondent(s)
Counsel for Petitioner(s)	: Vishwesh Pratap Singh
Counsel for Respondent(s)	: C.S.C., Dilip Kumar Pandey

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Court No. - 5

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HON'BLE ALOK MATHUR, J.

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Heard Shri Vishwesh Pratap Singh, learned counsel for the petitioner as well as learned Standing Counsel for respondents no. 1 to 3.

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It has been submitted by learned counsel for the petitioner that proceedings under Section 67 of the U.P. Revenue Code, were initiated against the petitioner, for have illegally encroached upon the land situated at Gata No. 2130/0.304 Hec., after which the petitioner has occupied 0.03 decimal land in Village Pasiyapur, Majra-Bheera, Pargana Bhud, Tehsil Palia Kalan, Distict Kheri. The occupation of the petitioner has been for more than 40 years and as per the petitioner it was a permissible occupation at the behest of the then Pradhan, but he has no information as to whether formal patta was ever granted to the petitioner or not?

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Considering the fact that the petitioner has been occupying the said land for more than 40 years, even the said land was reserved for ' Harijan Aabadi ' and also considering the fact that the petitioner has no other agricultural or residential land.

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Let instructions be sought from by the learned Standing Counsel as to whether the occupation of the petitioner of the said land can be regularized under Section 67-A of the U.P. Revenue Code and also any government Scheme are existing for relocation of the petitioner on any other suitable land.

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WRIC No. 399 of 2026

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