Allahabad High Court
DEVENDRA PRATAP SINGHversusSTATE OF U.P. AND 8 OTHERS
- Decided
- Bench
- ARUN KUMAR
Holding
The petition is disposed of with a direction to the Tehsildar to decide the pending cases under Section 67 of the U.P. Revenue Code, 2006 within three months after hearing the parties, rather than ordering immediate removal of the encroachments.
Summary
The petitioner filed a public interest litigation seeking a court direction to remove illegal encroachments on Plot No.64, recorded as a main road in the revenue records of Village Kunjalpur, Tehsil Jalesar, District Etah. The encroachments, amounting to 0.080 hectare and 6 square metres, were made by Somesh Kumar, Dalveer Singh and Viran Singh, and proceedings under Section 67 of the U.P. Revenue Code, 2006 have been initiated with a hearing fixed for 24‑April‑2026. The Court, after earlier directions for the Deputy District Magistrate and Tehsildar to appear, examined their personal affidavits confirming the pending cases (Case Nos. T202618210302691 and T202618210302692). The Court held that the writ petition should be disposed of with a direction that the Tehsildar decide the pending cases after hearing the parties, within three months, and ensure the proceedings reach a logical end. It exempted the personal appearance of the officials and did not order an immediate removal of the encroachments. Consequently, the petition was closed with the specified procedural direction.
Issues considered
- Whether the Court should order immediate removal of the encroachments on Plot No.64 or allow the pending proceedings under Section 67 of the U.P. Revenue Code, 2006 to determine the outcome
- Whether the authorities must be directed to decide the pending cases within a specific time frame after hearing the parties
Legislation cited
- U.P. Revenue Code, 2006 — s. 67
Subjects
- public interest litigation
- encroachment
- revenue law
- Section 67
- U.P. Revenue Code
- land removal
- Tehsildar
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 3474 of 2025
Devendra Pratap Singh
.....Petitioner(s)
Versus
State Of U.P. And 8 Others
.....Respondent(s)
Counsel for Petitioner(s) : Onkar Nath
Counsel for Respondent(s) : C.S.C., Krishna Kant Singh
Court No. - 55
HON'BLE ARUN KUMAR, J.
1. Heard Sri Onkar Nath, learned counsel for the petitioner, learned
Standing Counsel for the respondent nos.1 to 4 and Sri Krishna Kant
Singh, learned counsel for the respondent no.5.
2. The present writ petition has been filed seeking a direction to the
respondent authorities to remove the illegal encroachment created by
respondent nos.6 to 9 over Plot No.64 recorded as main road in the
relevant revenue records, relating to Village Kunjalpur, Tehsil Jalesar,
District Etah.
3. In pursuance of the directions of this Court dated 27.1.2026, 16.2.2026
and 1.4.2026, today, the Deputy District Magistrate, Tehsil Jalesar,
District Etah and the Tehsildar, Tehsil Jalesar, District Etah are present
before the Court alongwith their personal affidavits, as they had not sent
the required instructions in time, as directed by this Court on earlier dates.
4. Perusal of the aforesaid personal affidavits shows that Plot No.64 area
0.5260 hectare is recorded as main road in the relevant revenue records,
over which during the inspection made by the revenue team, Somesh
Kumar son of Vishambhar Singh and Dalveer Singh son of Prithvi Singh
were found in possession over area of 0.080 hectare and Viran Singh son
of Roop Kishor has also been found encroaching over are 6 Sq. Meter of
Plot No.64. The proceedings under Section 67 of the U.P. Revenue Code,
2006 have been initiated against the encroachers in which 24.4.2026 is the
next date fixed. According to paragraph nos.12 and 13 of the personal
WPIL No. 3474 of 2025
2
affidavit filed before this Court, the encroachments found over Plot No.64
shall be removed after the cases registered against the encroachers being
Case Nos.T202618210302691 and T202618210302692 are decided after
affording opportunity of hearing to the parties concerned.
5. In view of the aforesaid, the present writ petition is disposed of with
direction to the Tehsildar, Tehsil Jalesar, District Etah to decide the
aforesaid cases registered before him, in accordance with law, after
hearing the parties concerned, within a period of three months from today
and shall ensure that the said proceedings are brought to its logical end.
6. Personal appearance of the Deputy District Magistrate, Tehsil Jalesar,
District Etah and the Tehsildar, Tehsil Jalesar, District Etah are exempted.
(Arun Kumar,J.)
April 20, 2026
Anil
Digitally signed by :-
ANIL KUMAR PATEL
High Court of Judicature at Allahabad
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