Allahabad High Court

CHANDRA SHEKHAR TIWARI AND 2 OTHERSversusSTATE OF U.P. AND 8 OTHERS

Decided: 6 May 2026
Bench: ARUN KUMAR

Holding

The petition is disposed, directing the Tehsildar to decide the pending revenue cases under Section 67(1) of the U.P. Revenue Code, 2006 within two months.

Summary

The petitioners filed a public interest litigation seeking a court direction to remove illegal encroachment on plot No. 525 (0.0240 hectare) in Village Bhadesar, Deoria. The court noted that the Tehsildar had already issued an instruction dated 16‑12‑2025 and had initiated proceedings under Section 67(1) of the U.P. Revenue Code, 2006 (Case Nos. T202405200502966 and T202405200502967). Since the revenue proceedings were pending, the court declined to issue a direct removal order. Instead, it disposed of the petition, directing the Tehsildar to decide the pending cases in accordance with law within two months of receiving a certified copy of the order. The order emphasizes that the matter should be resolved through the appropriate revenue process rather than by the court’s direct intervention.

Issues considered

Whether the High Court can directly order the removal of illegal encroachment on the disputed plot.
Whether the appropriate remedy is to direct the revenue officer to decide pending proceedings under Section 67(1) of the U.P. Revenue Code, 2006.

Legislation cited

U.P. Revenue Code, 2006 — s. 67(1)

Subjects

public interest litigation
illegal encroachment
U.P. Revenue Code
Section 67(1)
land dispute
administrative direction
Tehsildar

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 3768 of 2025

Chandra Shekhar Tiwari And 2 Others
.....Petitioner(s)
Versus

State Of U.P. And 8 Others
.....Respondent(s)

Counsel for Petitioner(s) : Rajesh Kumar Srivastava
Counsel for Respondent(s) : C.S.C., Sudhir Bharti

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

1. Heard Sri Rajesh Kumar Srivastava, learned counsel for the petitioner,
learned Standing Counsel for the State respondents and Sri Sudhir Bharti,
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.525 area 0.0240 hectare
recorded as Chak Marg in the relevant revenue records relating to Village
Bhadesar, Tappa Gautama, Tehsil Bhatparrani, District Deoria.

2. In pursuance of the direction of this Court, the instruction dated
16.12.2025, sent by the Tehsildar, Bhatpar Rani, Deoria 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 are registered as Case Nos.T202405200502966 and
T202405200502967 before the Tehsildar, Bhatpar Rani, Deoria and are
pending.

4. In view of the aforesaid, the present petition is disposed of with
direction to the Tehsildar, Bhatpar Rani, Deoria 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
WPIL No. 3768 of 2025
2

concerned, within a period of two 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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