Allahabad High Court
GRAM SABHA MATHIYA GOSAI, TEHSIL-HARRIYA, THROUGH ITS VILLAGE RPADHAN RAM NARAYANversusSTATE OF UP AND 5 OTHERS
- Decided
- Bench
- ARUN KUMAR
Holding
The petition is dismissed as infructuous because the relief sought has already been granted.
Summary
The petitioner, Gram Sabha Mathiya Gosai, filed a PIL seeking a court direction to remove illegal encroachments by private respondents on plots recorded as Chakmarg in Village Mathiya Gosai, Basti district. The petitioner argued that an earlier order dated 04.08.2025 had already demarcated the land, handed it over to the Gram Sabha, and restored the pathway, as affirmed by the Tehsildar's affidavit. The court examined whether any further relief was necessary. Finding that the relief sought had already been effected by the earlier order, the court held that the petition no longer had any operative purpose. Consequently, the petition was disposed of as infructuous.
Issues considered
- Whether the petition for removal of illegal encroachment remains maintainable after the land has been demarcated and handed over to the Gram Sabha.
- Whether any further relief is required when the relief sought has already been granted.
Subjects
- public interest litigation
- illegal encroachment
- land demarcation
- Gram Sabha
- petition infructuous
- disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 2076 of 2025
Gram Sabha Mathiya Gosai, Tehsil-Harriya,
Through Its Village Pradhan Ram Narayan .....Petitioner(s)
Versus
State Of Up And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Pankaj Kumar Gupta
Counsel for Respondent(s) : C.S.C., Satya Prakash Singh
Court No. - 55
HON'BLE ARUN KUMAR, J.
1. Heard Sri P. K. Gupta, learned counsel for the petitioner, learned
Standing Counsel for the State authorities and Sri Satya Prakash Singh,
learned counsel for the private respondent nos4, 5 and 6.
2. The present petition has been filed seeking a direction to the State
authorities to ensure removal of illegal encroachment made by private
respondents over plot no.24 and 49 recorded as Chakmarg in the relevant
revenue records relating to Village Mathiya Gosai, Tehsil Haraiya,
District Basti.
3. Today, when the matter was taken up, learned counsel for the
petitioner contends that pursuant to the order passed by this Court on
04.08.2025, demarcation of the plot in question was undertaken and the
land recorded as Chakmarg was handed over to the Gram Sabha, pursuant
to which, pathway has been restored. The said fact is also substantiated by
the personal affidavit filed by the concerned Tehsildar.
4. In view of the aforesaid, as the relief claimed by the petitioner has
been redressed, the present petition is disposed of as having become
infructuous.
(Arun Kumar,J.)
May 1, 2026
Ashok Kr.
Digitally signed by :-
ASHOK KUMAR
High Court of Judicature at Allahabad
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