Allahabad High Court

MANOJ KUMARversusSTATE OF U.P. AND 25 OTHERS

Decided: 4 May 2026
Bench: ARUN KUMAR

Holding

The petition is dismissed as there is no material evidence that plot no.186 is recorded as bhita in the current revenue records.

Summary

Manoj Kumar filed a public interest litigation seeking a court direction to remove illegal encroachments on plot no.186 in Village Rajdharpur, Jaunpur. The petitioner relied on a revenue record showing the plot as a bhita and demanded corrective action. The respondents produced a Deputy District Magistrate's instruction indicating that the plot is recorded in the name of private individuals with transferable rights and that consolidation records do not list it as bhita. The Court noted that proceedings under Section 38(1) of the U.P. Revenue Code, 2006 are already pending to correct the entries. Finding no material to substantiate the claim that the plot is recorded as bhita, the Court held the petition to be misconceived and dismissed it.

Issues considered

Whether the petitioner's claim that plot no.186 is recorded as bhita in the revenue records is substantiated
Whether the court should direct the removal of alleged illegal encroachments on the said plot

Legislation cited

U.P. Revenue Code, 2006 — s. 38(1)

Subjects

public interest litigation
illegal encroachment
revenue records
land consolidation
section 38
U.P. Revenue Code
petition dismissed

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 2997 of 2025

Manoj Kumar
.....Petitioner(s)
Versus

State Of U.P. And 25 Others
.....Respondent(s)

Counsel for Petitioner(s) : Charan Singh
Counsel for Respondent(s) : Bhupendra Kumar Tripathi, C.S.C.

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

1. Heard Sri Charan Singh, learned counsel for the petitioner, learned
Standing Counsel for the State respondents and Sri Amit Gupta, holding
brief of Sri B. K. Tripathi, learned counsel for the respondent Gaon
Sabha.

2. The present petition has been filed seeking a direction to the
respondent authorities to ensure removal of illegal encroachment made by
encroachers/private respondents over plot no.186 area 0.364 recorded as
Bhita in the relevant revenue records relating to Village Rajdharpur,
Tehsil Anguli, District Jaunpur.

3. In pursuance of the direction of this Court, the instruction dated
27.10.2025, sent by the Deputy District Magistrate, Jaunpur, has been
placed before the Court, which is taken on record.

4. Perusal of the aforesaid instruction shows that according to the
consolidation records plot no.186 area 0.90 dismil (0.364 hectare) is
recorded in the name of Jagdish and Ram Adhaar etc. as bhumidhar with
transferable rights. Perusal of CH Form 41 shows that during first round
of consolidation the plot no.137 was carved out from old plot no.189/1
area 0.51 acre and plot no.189/1 area 0.26 acre. It has been further stated
that plot no.189/2 area 0.26 acre was recorded as Bhita in 1359 Fasli.
Regarding correction of aforesaid entries, proceedings under Section
38(1) of the U.P. Revenue Code, 2006 are already pending before the
Deputy District Magistrate, Shahganj on the report of Lekhpal.
WPIL No. 2997 of 2025
2

5. In view of the aforesaid, there is no material to substantiate that the
plot no.186 is recorded as Bhita in the current revenue records relating to
Village Rajdharpur.

6. The present petition appears to be misconceived and is, accordingly,
dismissed.

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

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

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