Allahabad High Court

RAMJAS @ RAMYASH YADAVversusSTATE OF U.P. AND 5 OTHERS

Decided: 22 April 2026
Bench: ARUN KUMAR

Holding

The court held that the pending revenue proceeding under Section 67(1) of the U.P. Revenue Code, 2006 should be allowed to proceed, and directed the Tehsildar to decide it within three months.

Summary

The petitioner, Ramjas @ Ramyash Yadav, filed a public interest writ seeking the removal of an encroachment on a 0.0220 hectare plot (Gata No.62) in Village Bangaon, Jaunpur, allegedly occupied by respondent No.6, Kamlesh Yadav. The High Court, recalling its earlier direction dated 10‑Feb‑2026, considered the inspection report and instructions from the Deputy District Magistrate indicating that proceedings under Section 67(1) of the U.P. Revenue Code, 2006 had been initiated against the occupier. The Court noted that a case (No. T202614360202217) was pending before the Tehsildar. Consequently, the Court disposed of the writ, directing the Tehsildar to decide the pending revenue case within three months after receiving a certified copy of the order. The order effectively directs administrative action rather than adjudicating substantive rights.

Issues considered

What legal authority does the court have to direct the removal of an encroachment under the U.P. Revenue Code, 2006?
Whether the pending proceeding under Section 67(1) of the U.P. Revenue Code, 2006 suffices to address the alleged encroachment.

Legislation cited

U.P. Revenue Code, 2006 — s. 67(1)

Subjects

encroachment
public interest litigation
U.P. Revenue Code
Section 67
land revenue
court direction
administrative order

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                          PUBLIC INTEREST LITIGATION (PIL) No. - 3602 of 2025

                                    Ramjas @ Ramyash Yadav
                                                                                                 .....Petitioner(s)
                                                                       Versus
                                    State Of U.P. And 5 Others
                                                                                               .....Respondent(s)

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

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

                                    1. The present writ petition has been filed seeking a direction to the
                                    respondent nos.1 to 5 to remove the encroachment made by respondent no.6
                                    over Gata No.62 area 0.0220 hectare, recorded as chakmarg in the relevant
                                    revenue records, relating to Village Bangaon, Bhumihar, Tehsil Badlapur,
                                    District Jaunpur.

                                    2. In pursuance of the direction of this Court dated 10.2.2026, learned
                                    Standing Counsel has placed before the Court the instructions dated
                                    23.2.2026 sent by Deputy District Magistrate, Tehsil Badlapur, District
                                    Jaunpur, which is taken on record.

                                    4. Perusal of the aforesaid instructions shows that during the inspection
                                    made by the revenue team, one Kamlesh Yadav, the respondent no.6, was
                                    found in occupation of Plot No.62, as such, proceeding under Section 67(1)
                                    of the U.P. Revenue Code, 2006 has been initiated against him and Case
                                    No.T202614360202217 has been registered before the Tehsildar, Tehsil
                                    Badlapur, District Jaunpur.

                                    5. In view of the aforesaid, the present writ petition is disposed of with
                                    direction to the Tehsildar, Tehsil Badlapur, District Jaunpur to decide the
                                    aforesaid pending case, in accordance with law, after hearing the parties
                                    concerned, within a period of three months from the date of presentation of a
                                    certified copy of this order.

                                    April 23, 2026
                                    Anil
                                                                                              (Arun Kumar,J.)




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

Continue reading with your account

Checking your session…