Allahabad High Court
MATA PRASADversusSTATE OF UP AND 7 OTHERS
- Decided
- Bench
- ARUN KUMAR
Holding
No further direction is required as Plot No. 90 no longer exists as a Chak Road in the corrected revenue records, and the petition is disposed.
Summary
The petitioner, Mata Prasad, filed a public interest litigation seeking a court direction for respondents 2, 3 and 4 to remove an alleged illegal encroachment by respondents 6 to 8 on Plot No. 90 in Village Kasturipur, Prayagraj. The petition relied on revenue records that still listed Plot No. 90 as a Chak Marg, despite a consolidation order that had set the plot aside and removed it from the village map. The court examined the instructions dated 17.12.2025 from the Deputy District Magistrate, which confirmed that the plot had been carved out from an older plot and that the revenue records had not been updated. It was found that after the correction of the revenue records and village map, no new Plot No. 90 existed as a Chak Road, rendering the alleged encroachment moot. Consequently, the court held that no further direction was necessary. The writ petition was therefore disposed of without any order for removal of encroachment.
Issues considered
- Whether the respondents are liable to remove the alleged illegal encroachment on Plot No. 90.
- Whether the revenue records and village map correctly reflect the status of Plot No. 90 after consolidation.
- Whether the court should issue any further direction in the writ petition.
Subjects
- public interest litigation
- illegal encroachment
- land revenue records
- consolidation order
- Chak Marg
- land dispute
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 3769 of 2025
Mata Prasad
.....Petitioner(s)
Versus
State Of Up And 7 Others
.....Respondent(s)
Counsel for Petitioner(s) : Kuldeep Kumar Gupta, Mani Prakash
Counsel for Respondent(s) : Azad Rai, C.S.C., Prabha Shanker
Chaturvedi
Court No. - 55
HON'BLE ARUN KUMAR, J.
1. Heard Sri Kuldeep Kumar Gupta, learned counsel for the petitioner;
learned Standing Counsel for the respondent nos. 1 to 4; Sri Rajan
Chauhan holding brief of Sri Azad Rai for the respondent no. 5 and
Sri Prabha Shanker Chaturvedi for the respondent nos. 6 to 8.
2. The present petition has been filed seeking a direction to the respondent
nos. 2, 3 & 4 to remove the illegal encroachment made by respondent nos.
6 to 8 from Plot No. 90, area 0.0260 hectare, recorded as Chak Marg in
the relevant revenue records, relating to Village Kasturipur, Tehsil
Soraon, District Prayagraj.
3. In pursuance of the direction of this Court, instructions dated
17.12.2025, sent by Deputy District Magistrate, Soraon, Prayagraj, has
been placed before the Court, which is taken on record.
4. A perusal of the aforesaid instructions shows that Plot No. 90 was
shown as Chak Marg in CH Form 45 during the consolidation
proceedings. The new plot no. 90 is carved out from old Plot No. 52. By
the order of the Settlement Officer Consolidation, the new plot no. 90,
which was earlier earmarked as Chak Road, has now been set aside. As
the said order was not complied with in the revenue records, the Khatauni
of 1429 to 1434 Fasli, annexed by the petitioner, showed Plot No. 90 as
Chak Marg. After the correction of the revenue records and village map
there exist no new plot no. 90 in the form of Chak Road.
WPIL No. 3769 of 2025
2
5. In view of the aforesaid, no further direction is required in the present
writ petition, which is, accordingly, disposed of.
(Arun Kumar,J.)
May 7, 2026
Ranjeet Sahu
Digitally signed by :-
RANJEET SAHU
High Court of Judicature at Allahabad
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