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Allahabad High Court

ROOP SINGHversusSTATE OF U.P. AND 17 OTHERS

Decided

Holding

The court directs the Tehsildar, Sadar, Agra to decide the pending cases under Section 67(1) of the U.P. Revenue Code, 2006 concerning the disputed plot within three months of receipt of the certified order.

Summary

The petitioner, Roop Singh, filed a public interest litigation seeking a court direction to remove illegal encroachment on plot No. 795Gha in Village Baraoli, Agra. The court noted an instruction dated 24‑01‑2026 from the Deputy District Magistrate ordering proceedings under Section 67(1) of the U.P. Revenue Code, 2006, registered as case No. T202601010100011 before the Tehsildar. Considering that the statutory process had already been initiated, the court directed the Tehsildar to decide the pending case under Section 67(1) within three months of receiving a certified copy of the order, after hearing all parties. The order emphasizes compliance with the law and timely resolution of the encroachment dispute. Consequently, the petition was disposed with the specified direction.

Issues considered

  • What direction, if any, should the court give to the Tehsildar regarding the pending proceedings under Section 67(1) of the U.P. Revenue Code, 2006 for the alleged illegal encroachment?

Legislation cited

Subjects

  • public interest litigation
  • illegal encroachment
  • U.P. Revenue Code
  • Section 67
  • Tehsildar
  • land revenue
  • court direction

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
          PUBLIC INTEREST LITIGATION (PIL) No. - 3739 of 2025

Roop Singh
                                                           .....Petitioner(s)
                                  Versus

State Of U.P. And 17 Others
                                                         .....Respondent(s)

Counsel for Petitioner(s)        : Vipin Chandra Pandey
Counsel for Respondent(s)        : Avinash Chandra Srivastava, C.S.C.

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

1. Heard Sri V. C. Pandey, learned counsel for the petitioner, learned
Standing Counsel for the State respondents and Sri Rajendra Kumar,
holding brief of Sri A. C. Srivastava, learned counsel for the respondent
Gaon Sabha.

2. The present petition has been filed seeking a direction to the
respondent authorities to ensure removal of illegal encroachment made by
encroachers/private respondents over plot no.795Gha recorded as Abadi
in the relevant revenue records relating to Village Baraoli, Gujar, Tehsil
Sadar, District Agra.

2. In pursuance of the direction of this Court, the instruction dated
24.01.2026, sent by the Deputy District Magistrate, Sadar, Agra has been
placed before the Court, which is taken on record.

3. Perusal of the aforesaid instruction shows that in respect of
encroachment made by the encroachers over the plot in question,
proceedings under Section 67(1) of the U.P. Revenue Code, 2006 have
been initiated, which is registered as Case Nos.T202601010100011 before
the Tehsildar, Sadar, Agra.

4. In view of the aforesaid, the present petition is disposed of with
direction to the Tehsildar, Sadar, Agra to decide the aforementioned cases
under Section 67(1) of the U.P. Revenue Code, 2006, pending before him,
in respect of plot in question, by passing appropriate order, in accordance
with law, after hearing all the parties concerned, within a period of three
                                                                                            WPIL No. 3739 of 2025
                                                                   2


                                    months from the date of presentation of a certified copy of this order.




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




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

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