Allahabad High Court
SACHIN YADAVversusSTATE OF U.P. AND 6 OTHERS
- Decided
- Bench
- ARUN KUMAR
Holding
The petition is disposed with a direction to the Tehsildar, Karhal, to decide the pending cases under Section 67(1) of the U.P. Revenue Code, 2006 within three months.
Summary
The petitioner filed a public interest litigation seeking a court direction to remove illegal encroachments by private respondents on plots 147 and 148 (Nali and Chakmarg) in Village Chakudhan, Tehsil Karhal, District Mainpuri. The standing counsel for the State highlighted that two cases (T202601490200483 and T202601490200470) had already been registered under Section 67(1) of the Uttar Pradesh Revenue Code, 2006, and were pending before the Tehsildar. The Court examined whether it should order immediate removal or defer to the pending administrative proceedings. It held that the appropriate remedy was to direct the Tehsildar to decide the pending cases in accordance with the law. Accordingly, the petition was disposed with a direction to the Tehsildar to pass an order within three months after receiving a certified copy of the judgment.
Issues considered
- Whether the High Court should directly order removal of the illegal encroachment or defer to the pending proceedings under Section 67(1) of the U.P. Revenue Code, 2006.
Legislation cited
- Uttar Pradesh Revenue Code, 2006 — s. 67(1)
Subjects
- public interest litigation
- illegal encroachment
- land revenue
- Section 67(1)
- Uttar Pradesh Revenue Code
- Tehsildar
- administrative proceedings
- removal of encroachment
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 1201 of 2026
Sachin Yadav
.....Petitioner(s)
Versus
State Of U.P. And 6 Others
.....Respondent(s)
Counsel for Petitioner(s) : Vijai Krishna Agnihotri
Counsel for Respondent(s) : Avinash Chandra Srivastava, C.S.C.
Court No. - 55
HON'BLE ARUN KUMAR, J.
1. Heard Sri V. K. Agnihotri, learned counsel for the petitioner, learned Standing
Counsel for the State respondents and Sri Rajendra Kumar, holding brief of Sri A. C.
Srivastava, learned counsel for the respondent Gaon Sabha.
2. The present petition has been filed seeking a direction to the respondent authorities
to remove the illegal encroachment made by the private respondents over plot nos.147
and 148 recorded as Nali and Chakmarg in the revenue records relating to Village
Chakudhan, Tehsil Karhal, District Mainpuri.
3. Learned Standing Counsel, at the outset, draws attention of the Court to Annexure-
6, which is report of the Lekhpal, which shows that Case Nos. T202601490200483
and T202601490200470 have already been registered under Section 67(1) of the U.P.
Revenue Code, 2006 against the encroachers, which are pending consideration before
the Tehsildar, Karhal, Mainpuri.
4. In view of the aforesaid, the present petition is disposed of with direction to
Tehsildar, Karhal, Mainpuri to decide the aforementioned cases under Section 67(1)
of the Code, 2006, by passing appropriate order, in accordance with law, after hearing
all the concerned parties, within a period of three months from the date of presentation
of a certified copy of this order.
May 6, 2026
Ashok Kr.
(Arun Kumar,J.)
Digitally signed by :-
ASHOK KUMAR
High Court of Judicature at Allahabad
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