Allahabad High Court

RAMVRIKSHA NISHADversusSTATE OF U.P. AND 5 OTHERS

Decided: 6 May 2026
Bench: ARUN KUMAR

Holding

The petition is infructuous as the land has been vested in the encroacher under the applicable revenue provisions, and no further direction is required.

Summary

The petitioner, Ramvriksha Nishad, filed a public interest litigation seeking a court direction to respondent No.3 to decide a representation dated 20 August 2025, aiming to remove an alleged illegal encroachment by private respondent No.6 on a 0.016 hectare plot recorded as Banjar in Jaunpur district. The court noted that the Deputy District Magistrate had issued an instruction on 16 December 2025, initiating proceedings under Section 122B of the U.P. Zamindari Abolition and Land Reforms Act, 1950 against the encroacher. However, the Tehsildar’s order dated 7 May 2016 withdrew the notice under Form 49Ka and, invoking Section 67A of the U.P. Revenue Code, 2006 and Section 123 of the 1950 Act, vested the land beneath the encroacher’s house in him. Given that the land had already been vested to the encroacher, the court found no further relief could be granted. Consequently, the petition was held to be infructuous and was disposed of without any further direction.

Issues considered

Whether the court should direct respondent No.3 to decide the representation seeking removal of the alleged encroachment.
Whether the proceedings initiated under Section 122B of the U.P. Zamindari Abolition and Land Reforms Act, 1950 remain viable after the Tehsildar’s order withdrawing the notice.
Whether the vesting of the land under Section 67A of the U.P. Revenue Code, 2006 and Section 123 of the 1950 Act bars any further judicial intervention.

Legislation cited

U.P. Revenue Code, 2006 — s. 67A
U.P. Zamindari Abolition and Land Reforms Act, 1950 — s. 122B, 123

Subjects

public interest litigation
land encroachment
Zamindari Abolition Act
Revenue Code
vested rights
infructuous petition

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 3708 of 2025

Ramvriksha Nishad
.....Petitioner(s)
Versus

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

Counsel for Petitioner(s) : Nimesh Kumar Shukla, Vinod Kumar
Tirpathi
Counsel for Respondent(s) : Bhupendra Kumar Tripathi, C.S.C.,
Shailendra Kumar Yadav

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

1. Heard Sri Nimesh Kumar Shukla, learned counsel for the petitioner,
learned Standing Counsel for the State respondents and Sri Shailendra
Kumar Yadav, learned counsel for the private respondent no.6. Sri B. K.
Tripathi, Advocate has accepted notice on behalf of respondent - Gaon
Sabha.

2. The present petition has been filed seeking a direction to the
respondent no.3 to decide representation dated 20.08.2025 filed by the
petitioner with a prayer to remove the illegal encroachment made by
encroacher/private respondent no.6 over plot no.593 area 0.016 hectare
recorded as Banjar in the relevant revenue records relating to Village
Mohiuddinpur, Tehsil Sadar, District Jaunpur.

3. In pursuance of the direction of this Court, the instruction dated
16.12.2025, sent by the Deputy District Magistrate, Sadar, Jaunpur, has
been placed before the Court, which is taken on record.

4. Perusal of the aforesaid instruction shows that proceedings under
Section 122B of the U.P. Zamindari Abolition and Land Reforms Act,
1950 were initiated against the encroacher, however, by the order of the
concerned Tehsildar dated 07.05.2016, the notice issued in Form 49Ka
has been withdrawn and benefit of Section 67A of the U.P. Revenue
Code, 2006/section 123 of the Act of 1950 has been given to the
respondent no.6, vesting the land beneath his house to him.
WPIL No. 3708 of 2025
2

5. In view of the aforesaid, no further direction is required to be issued in
the present PIL, which is accordingly disposed of as having become
infructuous.

(Arun Kumar,J.)
May 7, 2026
Ashok Kr.

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

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