Allahabad High Court
FATEH SINGHversusSTATE OF U.P. AND 6 OTHERS
- Decided
- Bench
- ARUN KUMAR
Holding
The court held that, in the absence of any evidence of encroachment as confirmed by the revenue and development authorities, the petition seeking removal of the alleged occupants must be dismissed.
Summary
The petitioner, Fateh Singh, filed a public interest litigation seeking a court order directing the State of Uttar Pradesh and other respondents to evict alleged illegal occupants (respondents 5‑7) from Plot Nos. 43 and 56, recorded as Chakroad in the revenue records of Village Amargarhi Majra Rajpur, Aligarh. The court examined inspection reports from the Deputy District Magistrate and the Aligarh Development Authority, which indicated that the plots contain a village settlement and a clear pathway free of any encroachments. The petitioner alleged illegal possession, but the authorities found no evidence of such encroachment. Relying on the identical spot‑inspection reports, the court concluded that there was no basis to entertain the petition. Consequently, the writ petition was consigned to the records, effectively dismissing the relief sought.
Issues considered
- What is the appropriate legal remedy for alleged illegal possession of land recorded in revenue records?
- Do the inspection reports of the revenue and development authorities establish the absence of encroachment on the disputed plots?
Subjects
- public interest litigation
- land encroachment
- revenue records
- illegal possession
- court dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 3612 of 2025
Fateh Singh
.....Petitioner(s)
Versus
State Of U.P. And 6 Others
.....Respondent(s)
Counsel for Petitioner(s) : Jai Shankar Pandey
Counsel for Respondent(s) : C.S.C., Krishna Kant Singh, Vipul
Kumar Jaiswal
Court No. - 55
HON'BLE ARUN KUMAR, J.
1. Heard Sri Jai Shankar Pandey, learned counsel for the petitioner;
learned Standing Counsel for the respondent nos. 1 to 3 and Sri Krishna
Kant Singh for the respondent no. 4.
2. The present petition has been filed seeking a direction to the respondent
nos. 1 to 3 to remove the illegal possession of the respondent nos. 5 to 7
from Plot Nos. 43 & 56, recorded as Chakroad in the relevant revenue
records, relating to Village Amargarhi Majra Rajpur, Tehsil Khair,
District Aligarh.
3. In pursuance of the direction of this Court, separate instructions have
been sent by the Deputy District Magistrate, Khair, Aligarh and Secretary,
Aligarh Development Authority, Aligarh, which are taken on record.
4. A perusal of the aforesaid instructions shows that along both the plot
nos. 43 & 56, recorded as Chakroad, there exist village abadi, and the
pathway existing over them, is free from all encroachments.
5. In view of the identical spot inspection reports submitted by the
revenue authority and the development authority, there is no reason to
believe that any encroachments have been made by the respondent nos. 5
to 7, over Plot Nos. 43 & 56.
WPIL No. 3612 of 2025
2
6. In view of the aforesaid, the present writ petition is consigned to
records.
(Arun Kumar,J.)
April 23, 2026
Ranjeet Sahu
Digitally signed by :-
RANJEET SAHU
High Court of Judicature at Allahabad
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