Allahabad High Court
KAILASH CHAND VERMAversusSTATE OF U.P. AND 12 OTHERS
- Decided
Holding
The court held that the factual dispute over the precise Khasra numbers cannot be determined by the court and the petitioner must pursue appropriate proceedings.
Summary
The petitioner filed a public interest litigation seeking a court direction to remove alleged encroachments on specific Khasra parcels in Ghaziabad and on land belonging to the Nagar Nigam and the Hindon riverbed. The respondents contested the petitioner’s claim, asserting that the photographs and annexures presented actually correspond to different Khasra numbers than those alleged. The court noted that the factual dispute over which Khasra numbers the encroachments pertain to cannot be resolved by the court. Consequently, the court held that the petitioner must pursue appropriate legal remedies to address the grievance. The petition was therefore disposed, leaving it open for the petitioner to take further steps.
Issues considered
- Can the High Court determine the factual dispute regarding the exact Khasra numbers of the alleged encroachments?
- Is the petition seeking a direction to remove the encroachments maintainable in this forum?
Subjects
- public interest litigation
- land encroachment
- Khasra dispute
- jurisdiction
- procedural direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 1182 of 2026
Kailash Chand Verma
.....Petitioner(s)
Versus
State of U.P. and 12 others
.....Respondent(s)
Counsel for Petitioner(s) : Akash Khare
Counsel for Respondent(s) : Meenakshi Singh, A.C.S.C.,
Raghuvansh Misra, Tejasvi Misra
Chief Justice's Court
HON'BLE ARUN BHANSALI, CHIEF JUSTICE
HON'BLE ARUN KUMAR, J.
1. This petition, purportedly in public interest, has been filed by the
petitioner seeking a direction to remove encroachments over Khasra nos.
135, 143/2, 144/2, 160, 151 and 142/1 situated at village Sahani, Tehsil
and District - Ghaziabad along with other encroachments over the land
belonging to Nagar Nigam and riverbed of Hindon river.
2. By order dated 06.05.2026, Standing Counsel was directed to obtain
instructions.
3. On 12.08.2026 Standing Counsel had produced instructions, wherein it
was indicated that though the petitioner has produced pictures, annexure-
7, claiming the same as of Khasra nos. 142/1, 143/2, 151 and 160, the
same are factually that Khasra nos. 135, 136, 140, 144, 150 and 157,
based on which counsel for the petitioner was directed to obtain
instructions.
4. Pursuant to the same, an amendment application as well as
impleadment application has been filed by the petitioner seeking to
question the report submitted as well as impleading those who have
submitted the report.
5. The nature of controversy sought to be raised by the petitioner and the
response filed by the respondents seeking to dispute the location of the
alleged constructions cannot possibly be determined by this Court as to
WPIL No. 1182 of 2026
2
whether the same stands on X-Khasra, as alleged by the petitioner, or Y-
Khasra, as claimed by the respondents.
6. If the petitioner has any grievance qua the same he may take
appropriate proceedings in accordance with law.
7. The petition stands disposed of leaving it open for the petitioner to take
appropriate steps.
(Arun Kumar, J) (Arun Bhansali, CJ)
September 9, 2026
nd
Digitally signed by :-
NISITH DEY
High Court of Judicature at Allahabad
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