Allahabad High Court
RISHIPAL AND 4 OTHERSversusSTATE OF UP AND 3 OTHERS
- Decided
- Bench
- ARUN KUMAR
Holding
The court held that the petitioners' relief of having the plot freed from encroachments was already satisfied, and therefore no further direction was required.
Summary
The petitioners filed a public interest litigation seeking removal of encroachments on a plot and its restoration to its original state. The Tehsildar submitted an affidavit confirming that the encroachments had been removed and the plot handed over to the Gaon Sabha, with the process completed despite heavy rain. No objection was raised by the petitioners to the affidavit. The court observed that the relief sought was already satisfied and that no further directions were necessary. Consequently, the court ordered the petition to be disposed, directing the Gaon Sabha to maintain the plot's restored condition.
Issues considered
- What relief, if any, remains for the petitioners after the removal of encroachments and handover of the plot to the Gaon Sabha?
Subjects
- public interest litigation
- encroachment
- land restoration
- Gaon Sabha
- revenue
- Allahabad High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 1645 of 2026
Rishipal And 4 Others
.....Petitioner(s)
Versus
State Of Up And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Akshat Sinha, Chhaya Gautam,
Sanyukta Singh
Counsel for Respondent(s) : C.S.C., Kaushal Kishore Mani
Court No. - 51
HON'BLE ARUN KUMAR, J.
1. In compliance of the order of this Court dated 13.08.2026, personal
affidavit of Tehsildar has been filed in court today, which is taken on
record.
2. Learned counsel for the petitioners, Sri Akshat Sinha, has sent an
illness slip. However, perusal of writ petition shows that the names of two
other counsels, Ms. Sanyukta Singh and Ms. Chhaya Gautam, are also
shown in the memo of writ petition and they have also signed the
vakalatnama.
3. Perusal of personal affidavit shows that encroachment over the entire
plot in question has been removed and the plot has been handed over to
the Gaon Sabha. Due to heavy rain, the exercise of removing the
encroachment had to be carried out on various dates. However, the
presence of complainant/petitioners has been shown on the plot in
question on 18.06.2026.
4. In view of the averments made in the personal affidavit, which was
duly served on the counsel for the petitioners on 10.09.2026, against
which no objection has been filed till date, it is evident that the relief
sought for getting the plot in question free from all encroachment has
been redressed and no further direction is required to be issued in the
present petition as the plot in question has been handed over to the Gaon
Sabha by the revenue team. It is expected that the Gaon Sabha, arrayed as
respondent no.4, shall take all steps to restore the actual nature of plot in
WPIL No. 1645 of 2026
2
question, at the earliest.
5. Subject to the above observations, the writ petition is disposed of.
(Arun Kumar,J.)
September 14, 2026
Ashok Kr.
Digitally signed by :-
ASHOK KUMAR
High Court of Judicature at Allahabad
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