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Allahabad High Court

RAVINDRA KUMARversusSTATE OF U.P. AND 5 OTHERS

Decided

Holding

The writ petition is disposed, with a direction to the Tehsildar to decide the pending Section 67(1) proceedings expeditiously.

Summary

Ravindra Kumar filed a public interest litigation seeking a court direction to remove illegal encroachments on Plot No.256, recorded as a manure pit, by respondent No.6. The Tehsildar's instructions revealed that a pucca house occupies 0.0100 hectare and a Panchayat Bhawan occupies 0.0200 hectare of the plot, with the remaining 0.0640 hectare free of encroachment. Proceedings under Section 67(1) of the U.P. Revenue Code, 2006 have already been initiated against the encroacher. The Court held that maintaining the writ petition would serve no useful purpose while the Section 67 proceedings are pending. Accordingly, the petition was disposed and the Court directed the Tehsildar to decide the pending revenue case within three months, after hearing the parties.

Issues considered

  • Whether a writ petition seeking removal of illegal encroachment should be entertained when proceedings under Section 67(1) of the U.P. Revenue Code, 2006 are already pending.

Legislation cited

Subjects

  • public interest litigation
  • illegal encroachment
  • U.P. Revenue Code
  • Section 67
  • land removal
  • writ petition
  • Uttar Pradesh

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
          PUBLIC INTEREST LITIGATION (PIL) No. - 3379 of 2025

Ravindra Kumar
                                                           .....Petitioner(s)
                                  Versus

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

Counsel for Petitioner(s)      : Kashi Nath Singh Yadav
Counsel for Respondent(s)      : Bhupendra Kumar Tripathi, C.S.C.,
                                 Ram Pravesh Yadav, Shashank Kumar

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

1. Heard Sri Kashi Nath Singh Yadav, learned counsel for the petitioner,
learned Standing Counsel for the respondent nos.1 to 4 and Sri Amit
Gupta, holding brief of Sri Bhupendra Kumar Tripathi, learned counsel
for the respondent no.5.

2. The present writ petition has been filed seeking a direction to the
respondent nos.2 to 5 to get the illegal encroachment made by respondent
no.6 over Plot No.256 Area 0.0940 hectare recorded as manure pit,
removed.

3. Learned Standing Counsel has placed before the Court the instructions
dated 17.4.2026 sent by Tehsildar, Tehsil Kasimabad, District Ghazipur,
which is taken on record.

4. Perusal of the aforesaid instructions shows that over an area 0.0100
hectare of Plot No.256, one Govind @ Govinder son of Mohar Bind has
constructed his pucca house, against which proceedings under Section
67(1) of the U.P. Revenue Code, 2006 has been registered before the
Tehsildar as Case No. T202614291100182. Over a portion of 0.0200
hectare of Plot No.256, Panchayat Bhawan has been constructed and the
remaining portion i.e. 0.0640 hectare is free from all encroachments.

5. In view of the aforesaid, as proceedings under Section 67(1) of the U.P.
Revenue Code, 2006 initiated against the enrcoacher, no useful purpose
would be served in keeping the matter pending.
                                                                                           WPIL No. 3379 of 2025
                                                                   2


                                    6. In the aforesaid circumstances, the present writ petition is disposed of
                                    with direction to the Tehsildar, Tehsil Kasimabad, District Ghazipur to
                                    decide the pending proceedings under Section 67(1) of the U.P. Revenue
                                    Code, 2006 relating to Plot No.256, situated in Village Baresar Khas,
                                    Tehsil Kasimabad, District Ghazipur, in accordance with law, after
                                    hearing the parties concerned, expeditiously, preferably within a period of
                                    three months from the date of presentation of a certified copy of this
                                    order.



                                                                                             (Arun Kumar,J.)
                                    April 20, 2026
                                    Anil




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

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