Allahabad High Court
BABLU KASHYAPversusSTATE OF U.P. AND 5 OTHERS
- Decided
- Bench
- ARUN KUMAR
Holding
The Court held that the cause of action ceased to exist and the PIL is not maintainable as the land is private, thus the petition is consigned to the records.
Summary
The petitioner, Bablu Kashyap, filed a public interest litigation seeking a direction to the State of U.P. and other respondents to act against a sixth respondent for alleged illegal encroachment on Plot No. 424, which was recorded as Banjar/Naveen Parti in the revenue records. The Court examined instructions indicating that the Banjar/Naveen Parti entry was erroneous and that the plot is actually Bhumidhari land belonging to private owners, with the incorrect entry subsequently expunged. As a result, the alleged encroachment claim lost its factual basis. The Court further held that, being private land and not a public utility, the matter does not fall within the scope of a maintainable public interest litigation. Consequently, the petition was consigned to the records.
Issues considered
- Whether the PIL is maintainable when the land in question is private and not a public utility land
- Whether a cause of action exists after the correction of revenue records removing the alleged encroachment
Subjects
- public interest litigation
- encroachment
- revenue records
- Banjar
- Naveen Parti
- private land
- maintainability
- Allahabad High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 3753 of 2025
Bablu Kashyap
.....Petitioner(s)
Versus
State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Santosh Singh, Vinay Kumar Tiwari
Counsel for Respondent(s) : C.S.C., Sher Bahadur Singh
Court No. - 55
HON'BLE ARUN KUMAR, J.
1. Heard Sri Santosh Singh, learned counsel for the petitioner; learned
Standing Counsel for the respondent nos. 1 to 4 and Sri Sher Bahadur
Singh, learned counsel for the respondent no. 5.
2. The present petition has been filed seeking a direction to the respondent
nos. 2 to 4 to take necessary action against the respondent no. 6 for
removing illegal encroachment over Plot No. 424, area 0.0770 hectare,
recorded as Banjar/Naveen Parti in the relevant revenue records, relating
to Village Rukanpur (Jalalabad), Tehsil Kalan, District Shahjahanpur.
3. Today when the case was taken up, instructions dated 15.12.2025,
received by the learned Standing Counsel form the Deputy District
Magistrate, Kalan, Shahjahanpur, has been placed before the Court, which
is taken on record.
4. A perusal of the instructions shows that the entry of Banjar and Naveen
Parti relating to Plot No. 424 was incorrect, as Plot No. 424 is recorded as
Bhumidhari Land of Prabhudayal and others, even in CH Form 45,
prepared in consolidation proceedings. The said incorrect entry has been
modified and by the order of the Naib Tehsildar, dated 5.12.2025, Khata
No. 457 relating to Banjar and Naveen Parti in respect of Plot No. 424 has
been expunged.
5. In view of the aforesaid, the causes of action of the present public
interest litigation, alleging encroachment over Plot No. 424, which was
incorrectly recorded as Banjar/Naveen Parti in the relevant revenue
WPIL No. 3753 of 2025
2
records, ceases to exist.
6. In view of the fact that Plot No. 424 is a private land and not a public
utility land, the present public interest litigation, in respect of the said
land, is not maintainable. It is, accordingly, consigned to records.
(Arun Kumar,J.)
April 20, 2026
Ranjeet Sahu
Digitally signed by :-
RANJEET SAHU
High Court of Judicature at Allahabad
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