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Allahabad High Court

ANUJ YADAVversusSTATE OF U.P. AND 5 OTHERS

Decided

Holding

The petition is dismissed as the plot is found to be free from encroachment and the grievance is unsubstantiated.

Summary

The petitioner, Anuj Yadav, filed a public interest litigation seeking a writ of mandamus directing the Up‑Ziladhikari and Tehsildar of Jaunpur to remove alleged unauthorized encroachments on Plot No. 1065 (0.061 hectare) recorded as Jalmagan Bhumi/Nali Khata. The petition also requested that the respondents measure and demarcate the plot through a committee. The court examined the revenue department’s instruction dated 29‑September‑2026, which reported that a demarcation team visited the site, found no encroachment, and fixed stones in the presence of the petitioner’s family members. The court held that the petitioner’s grievance was not supported by any material evidence. Consequently, the writ petition was consigned to the records and dismissed.

Issues considered

  • Whether the court should issue a mandamus directing revenue officials to remove alleged encroachments on Plot No. 1065.
  • Whether the petitioner has produced sufficient evidence to substantiate the claim of encroachment.

Subjects

  • encroachment
  • land revenue
  • mandamus
  • public interest litigation
  • plot demarcation
  • jurisdiction

Judgment

            HIGH COURT OF JUDICATURE AT ALLAHABAD
            PUBLIC INTEREST LITIGATION (PIL) No. - 2136 of 2026

Anuj Yadav
                                                                     .....Petitioner(s)
                                        Versus

State Of U.P. And 5 Others
                                                                 .....Respondent(s)

Counsel for Petitioner(s)               : Mohd. Sarwar Khan
Counsel for Respondent(s)               : Bhupendra Kumar Tripathi, C.S.C.

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

1. Heard learned counsel for the petitioner, learned Standing Counsel for
the State respondent nos. 1 to 3 and Sri Bhupendra Kumar
Tripathi learned counsel has accepted notice for the respondent no. 4
Gaon Sabha.

2. The present petition has been filed for the following relief:-

     "(A)    Issue   a   writ   order    or   direction   in   the   nature   of
     mandamus commanding the Up-Ziladhikari Sadar Jaunpur and Tehsildar
     Tehsil Sadar Jaunpur to remove the unauthorized encroachment of
     Respondent no. 5 and 6 over the Plot no. 1065 area 0.061 Hec. old
     number is 312/0.061 Hec. recorded as Jalmagan Bhumi/Nali Khata in
     revenue record 1430-1435 Fasli situated in Village Godhana, Gaon
     Sabha Godhana, Block Sirkoni Tahsil Sadar District Jaunpur and further
     the respondent no. 2 and 3 may be directed to take the measurement of
     the Plot no 1065 area 0.061 Hec, recorded as Jalmagan Bhumi/Nali
     Khata in Revenue record aforesaid by instituting a committee and clear
     the area of the Jalmagan Bhumi/Nali Khata and remove everything which
     found in the area of the plot of the Jalmagan Bhumi in question within
     period as stipulated by this Hon'ble Court."

3. In pursuance of the direction of this Court, the instruction dated
29.9.2026, sent by the Tehsildar, Sadar, District Jaunpur, has been placed
before the Court by learned Standing Counsel, which is taken on record.

4. Perusal of the aforesaid instruction shows that when the revenue team
                                                                                             WPIL No. 2136 of 2026
                                                                   2


                                    visited the spot for demarcation of plot in question the petitioner was not
                                    in the village and he had gone to Mumbai. In presence of the family
                                    members of the petitioner the plot no. 1065 was demarcated and stones
                                    were fixed. No encroachment was found over the plot in question.

                                    5. In view of the aforesaid report and instructions sent by the Tehsildar, it
                                    is evident that plot no. 1065 is free from encroachment, as such, the
                                    grievance of the petitioner in the present writ petition is not substantiated
                                    by any material evidence on record.

                                    6. The writ petition is accordingly consigned to records.



                                                                                                (Arun Kumar,J.)
                                    October 1, 2026
                                    Ranjeet Sahu




Digitally signed by :-
RANJEET SAHU
High Court of Judicature at Allahabad


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