Allahabad High Court
KHARPATTUversusSTATE OF U.P. AND 8 OTHERS
- Decided
- Bench
- ARUN KUMAR
Holding
The court held that, since vacant possession of Plot No. 473 has been handed over to the Gram Pradhan, the respondent must be directed to complete the soil work for the road.
Summary
The petitioner filed a public interest litigation seeking a direction to the State of U.P. and others to construct a road over Plot No. 473 (chakmarg) as per the Gaon Sabha's proposal. The petitioner alleged that encroachments on the plot prevented the soil work required for the road. The Gram Pradhan had requested the Deputy District Magistrate to remove the encroachments, and a revenue team subsequently demarcated the plot, vacated it, and handed possession to the Gram Pradhan on 17 May 2026. The court examined the instructions and field records confirming the vacant possession. Concluding that the obstacle of encroachment was removed, the court disposed of the writ petition, directing the respondent to complete the soil work for the road expeditiously.
Issues considered
- Whether the court should issue a direction to construct the road over Plot No. 473 given the removal of encroachments and vacant possession.
Subjects
- public interest litigation
- road construction
- encroachment
- vacant possession
- writ petition
- Allahabad High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 1273 of 2026
Kharpattu
.....Petitioner(s)
Versus
State Of U.P. And 8 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ashish Pandey, Man Bahadur Singh
Counsel for Respondent(s) : C.S.C., Rameshwar Prasad Shukla
Court No. - 55
HON'BLE ARUN KUMAR, J.
1. Heard Sri Saurabh Kumar, holding brief of Sri Man Bahadur Singh,
learned counsel for the petitioner, learned Standing Counsel for the
respondent nos.1 to 4 and Sri Rameshwar Prasad Shukla has accepted
notice on behalf of respondent no.5.
2. The present writ petition has been filed seeking a direction to the
respondent no.4 to construct Rasta over the chakmarg Gata No.473 as per
the previous proposals of the Gaon Sabha.
3. It is contended by learned counsel for the petitioner that due to
encroachment over Plot No.473 recorded as chakmarg, the construction of
soil work over the chakmarg cannot be done. The Gram Pradhan by his
letter dated 18.7.2024 filed as Annexure-3 to the writ petition, had
requested the Deputy District Magistrate, Sagri, District Azamgarh to
ensure that encroachments over Plot No.473 be removed so that the soil
work over the chakmark could be undertaken.
4. Today, when the case was taken up, learned Additional Chief Standing
Counsel has placed before the Court the instructions dated 18.5.2026 sent
by Tehsildar, Sagri, District Azamgarh, which is taken on record.
5. Perusal of the aforesaid instructions shows that a revenue team visited
on 17.5.2026, when the demarcation of plot no.473 was undertaken. The
entire area of chakmarg over plot no.473 was got vacated and handed
over to the Gram Pradhan. The relevant extract of field book, spot memo
and handing over of possession have been placed before the Court
WPIL No. 1273 of 2026
2
alongwith instructions.
6. In view of the aforesaid, it is evident that Gram Pradhan has been
handed over the vacant possession of plot no.473 over which soil work
has to be undertaken pursuant to earlier work order having been issued.
7. In view of the aforesaid, the present writ petition is disposed of with
direction to the respondent no.5 to complete the soil work over Plot
No.473, expeditiously, in view of the vacant possession of the said plot
having been handed over to the Gram Pradhan on 17.5.2026.
(Arun Kumar,J.)
May 18, 2026
Anil
Digitally signed by :-
ANIL KUMAR PATEL
High Court of Judicature at Allahabad
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