LAWS(ALL)-2025-11-80

HAWALDAR YADAV Vs. STATE OF UTTAR PRADESH

Decided On November 20, 2025
Hawaldar Yadav Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) Heard Sri Jitendra Kumar Upadhyay, learned counsel for the petitioner, Sri Awadhesh Kumar Patel, learned Standing Counsel for the respondent Nos. 1, 2, 3 and 4 in the revised list.

(2.) Learned counsel for the petitioner has contended that the petitioner was granted a residential lease and was delivered possession in terms of Sec. 65 of the Uttar Pradesh Revenue Code, 2006 (herein after referred to as 'Code, 2006'), whereafter he was also put in possession. Subsequently, he has been dispossessed from a part of the plot allotted to him by respondent Nos. 6 to 9; and in spite of the various application moved by him before the concerned authorities, including the application dtd. 18/1/2024 before the respondent No. 3, no action has been taken. Learned counsel for the petitioner further contends that the petitioner may be protected in terms of Sec. 65 of the Code, 2006. For ready reference, Sec. 65 of the Code, 2006 is being quoted herein below :

(3.) The petitioner has contended that from the reading of Sec. 65 of the Code 2006, once an allotment is made and there is an illegal occupation, the Sub-Divisional Officer either on his motion or on the application of the allottee, is required to put the allottee in possession of such land, and may, for that purpose, use or cause to be used such force as he may consider necessary.