Created by Fuzzy Cloud

Allahabad High Court

SALATUversusSTATE OF U.P. AND 5 OTHERS

Decided

Holding

The court held that, since the encroachment has been removed and no obstruction remains, the petition should be disposed, with the petitioner free to approach the revenue authority under Section 67 of the U.P. Revenue Code, 2006 for any fresh encroachment.

Summary

The petitioner filed a public interest litigation seeking a court direction to remove illegal encroachment by private respondent No.6 on two plots in Village Amhawa Khas, Siddharth Nagar. The court noted that the revenue authorities had already removed the partial encroachment and that the plots were now free of obstruction. The petitioner submitted a supplementary affidavit with photographs showing building materials dumped on the Chak Marg, but the photographs did not clearly establish a fresh encroachment on the pathway. The court observed that any re‑encroachment could be addressed by the petitioner under Section 67 of the Uttar Pradesh Revenue Code, 2006. Consequently, the court disposed of the writ petition, granting the petitioner liberty to approach the appropriate authority if a new encroachment occurs.

Issues considered

  • Whether the court should issue a direction for removal of alleged encroachment on the specified plots.
  • Whether the petition should remain pending after the revenue authorities have removed the encroachment and no obstruction remains.

Legislation cited

Subjects

  • public interest litigation
  • encroachment
  • land revenue
  • Section 67
  • Uttar Pradesh Revenue Code
  • removal of encroachment
  • petition disposal

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
          PUBLIC INTEREST LITIGATION (PIL) No. - 2955 of 2025

Salatu
                                                        .....Petitioner(s)
                                 Versus

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

Counsel for Petitioner(s)     : Chandra Narayan Mishra
Counsel for Respondent(s)     : C.S.C., Pankaj Kumar Gupta, Vijay
                                Prakash Chaturvedi

Court No. - 55
                     HON'BLE ARUN KUMAR, J.

1. Heard Sri Chandra Narayan Mishra, learned counsel for the petitioner,
learned Standing Counsel for the State respondents, Sri P. K. Gupta,
learned counsel for the respondent Gaon Sabha and Sri Vijay Prakash
Chaturvedi, learned counsel for the respondent no.6.

2. The present petition has been filed seeking a direction to the
respondent authorities to ensure removal of illegal encroachment made by
encroacher/private respondent no.6 over plot no.73 area 0.0540 recorded
as Rasta and plot no.62 area 0.0950 recorded as Abadi in the relevant
revenue records relating to Village Amhawa Khas, Tehsil Dumariyaganj,
District Siddharth Nagar.

3. In pursuance of the direction of this Court, the instruction dated
13.03.2026, sent by the Tehsildar, Dumariyaganj, has been placed before
the Court, which is taken on record.

4. Perusal of the aforesaid instruction shows that plot no.62, which is
recorded as Abadi, is adjacent to plot no.59. The partial encroachment
made by the respondent no.6 was got removed and at present movement
over plot nos.73 and 59 are without any obstruction. No encroachment
exists over the aforesaid plots.

5. Petitioner has filed a supplementary affidavit dated 28.01.2026,
annexing photographs showing that building materials have been dumped
on the Chak Marg and constructions by the respondent no.6 are in full
                                                                                          WPIL No. 2955 of 2025
                                                                  2


                                    swing.

                                    6. The perusal of the aforesaid photographs annexed with supplementary
                                    affidavit does not show whether the construction is on the Chak Marg or
                                    the Abadi plot, adjacent to it. However, if after removal of encroachment
                                    by the revenue team, respondent no.6 has re-encroached on any part of the
                                    pathway, the petitioner can approach the appropriate authority under
                                    Section 67 of the U.P. Revenue Code, 2006.

                                    7. In view of the aforesaid, no useful purpose would be served in keeping
                                    the writ petition pending, which is disposed of with liberty to the
                                    petitioner to approach appropriate authority under Section 67 of the Code,
                                    2006, if any fresh encroachment is made by the respondent no.6,
                                    according to him, over the land recorded as pathway in the revenue
                                    records.



                                                                                            (Arun Kumar,J.)
                                    May 5, 2026
                                    Ashok Kr.




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

Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.