Allahabad High Court

LACHCHI SINGHversusSTATE OF U.P. AND 6 OTHERS

Decided: 22 September 2026
Bench: ARUN KUMAR

Holding

The court held that, as appropriate administrative proceedings have already been initiated, no further enquiry is required and the writ petition is disposed.

Summary

The petitioner filed a public interest litigation seeking a court direction to remove illegal encroachments on land identified as Khasra No.427 (recorded as Manure Pits). The petition relied on earlier eviction orders passed under Section 122-B of the U.P. Z.A. & L.R. Act, 1950 against respondents No.6 and No.7, which allegedly remained unimplemented. After granting time to the standing counsel, the court received instructions from the District Magistrate indicating that the encroachers had been removed, respondent No.7 evicted, and new encroachments identified, leading to registration of cases under Section 67(1) of the U.P. Revenue Code, 2006. The court held that since appropriate administrative proceedings were already underway, no further judicial enquiry was required. Consequently, the writ petition was disposed, with a direction to the Tehsildar to decide the pending revenue cases within three months.

Issues considered

Whether the High Court should intervene to enforce the eviction orders under Section 122-B of the U.P. Z.A. & L.R. Act, 1950.
Whether further judicial enquiry is necessary when administrative proceedings have been initiated under Section 67(1) of the U.P. Revenue Code, 2006.
Whether the petition can be disposed of without a fresh hearing.

Legislation cited

U.P. Revenue Code, 2006 — s. 67(1)
U.P. Z.A. & L.R. Act, 1950 — s. 122-B

Subjects

encroachment
eviction
public interest litigation
Section 122-B
Section 67(1)
revenue law
writ petition
administrative law

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 2064 of 2026

Lachchi Singh
.....Petitioner(s)
Versus

State Of U.P. And 6 Others
.....Respondent(s)

Counsel for Petitioner(s) : Dinesh Kumar Singh, Ronit Kumar
Chaurasia
Counsel for Respondent(s) : Avinash Chandra Srivastava, C.S.C.

Court No. - 51
HON'BLE ARUN KUMAR, J.

1. On 31.8.2026, following order was passed in the matter:-

"1. The present writ petition has been filed seeking a direction to the respondent
authorities to remove the illegal encroachment of the trespassers from the land of
Khasra No.427, recorded as Manure Pits in the revenue records.

2. It is contended by learned counsel for the petitioner that proceedings under Section
122-B of the U.P.Z.A. & L.R. Act, 1950 had been initiated against the respondent
nos.6 and 7 in which orders dated 6.5.2015 and 12.4.2021 had been passed against
the respondent nos.6 and 7, respectively, for their eviction and recovery of damages.
However, till date, no action has been taken against them, as they are in occupation of
the plot in question alongwith their offending constructions. It is also contended in
paragraphs 12 and 14 of the writ petition that the aforesaid orders of eviction have
not been challenged before any court or authority and have attained finality.

3. Learned Standing Counsel prays for and is granted two weeks' time to seek
instructions in the matter.

4. List as fresh on 16.9.2026."

2. Pursuant to the aforesaid order, today, instructions dated
15.9.2026 have been placed by the learned Standing Counsel before the
Court, sent by District Magistrate, Mathura, which is taken on record.

3. Perusal of the aforesaid instructions shows that pursuant to the earlier
orders passed in proceedings under Section 122-B of the U.P.Z.A. & L.R.
WPIL No. 2064 of 2026
2

Act, 1950, the encroachers were removed and the respondent no.7 was
evicted. It is further stated that when the revenue team visited the spot on
12.9.2026, encroachments by other persons were also found on the plot in
question, pursuant to which cases under Section 67(1) of the U.P.
Revenue Code, 2006 have been registered as Case Nos.
T202601500113534, T202601500113535, T202601500113536,
T202601500113537, T202601500113538 and T202601500113540,
before the Tehsildar (Judicial), Tehsil Sadar, District Mathura. It is further
stated that appropriate action shall be taken, once the aforesaid cases are
decided.

4. In view of the aforesaid facts, as appropriate proceedings have already
been initiated against the encroachers, no further enquiry is required to be
conducted by this Court in the present writ petition.

5. In view of the aforesaid, the present writ petition is disposed of with
direction to the Tehsildar (Judicial), Tehsil Sadar, District Mathura, the
respondent no.4, to decide the aforesaid pending cases relating to the
encroachment over Plot No.427, situated in Village Jachaunda, Tehsil and
District Mathura, in accordance with law, after hearing the parties
concerned, within a period of three months from the date of presentation
of a certified copy of this order and ensure that the entire proceedings are
brought to its logical end.

(Arun Kumar,J.)
September 23, 2026
Anil

Digitally signed by :-
ANIL KUMAR PATEL
High Court of Judicature at Allahabad

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