Allahabad High Court
RAM SEWAKversusSTATE OF U.P. AND 8 OTHERS
- Decided
- Bench
- ARUN KUMAR
Holding
The Court directed the Deputy District Magistrate to decide the pending Section 136 cases within three months, thereby disposing of the petition.
Summary
Ram Sewak filed a public interest litigation seeking a court direction to remove illegal encroachments on Plot Nos. 503, 537 and 700 in Village Sakhaila, Jaunpur. The encroachments were made by individuals who had raised unauthorized constructions, and proceedings under Section 136 of the U.P. Revenue Code, 2006 had already been initiated. The High Court, recalling its earlier direction dated 17‑12‑2025 and instructions dated 07‑01‑2026, examined the status of the pending cases (T202614360400501, T202614360400500, T20251436041143). It ordered the Deputy District Magistrate to decide these cases expeditiously, preferably within three months, after hearing all parties, and disposed of the petition with that direction.
Issues considered
- Whether the High Court can direct the Deputy District Magistrate to expedite the disposal of pending cases under Section 136 of the U.P. Revenue Code, 2006 concerning illegal encroachments.
Legislation cited
- U.P. Revenue Code, 2006 — s. 136
Subjects
- public interest litigation
- illegal encroachment
- land revenue
- Section 136
- U.P. Revenue Code
- district magistrate
- expeditious disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 3793 of 2025
Ram Sewak
.....Petitioner(s)
Versus
State Of U.P. And 8 Others
.....Respondent(s)
Counsel for Petitioner(s) : Virendra Kumar Shukla
Counsel for Respondent(s) : Bhupendra Kumar Tripathi, C.S.C.,
Vinod Kumar Tiwari
Court No. - 55
HON'BLE ARUN KUMAR, J.
1. Heard Sri Virendra Kumar Shukla, learned counsel for the petitioner
and learned Standing Counsel for the respondent nos. 1 to 5. Sri
Bhupendra Kumar Tripathi, Advocate has accepted notice on behalf of
respondent no. 5-A.
2. The present petition has been filed seeking a direction to the respondent
nos. 2 to 4 to take necessary action for removing illegal encroachments
made over Plot Nos. 503, 537 and 700, recorded as Jalmagn and Naveen
Parti, respectively, in the relevant revenue records, relating to Village
Sakhaila, Tehsil Sadar, District Jaunpur.
3. In pursuance of the direction of this Court dated 17.12.2025,
instructions dated 07.01.2026, received by the learned Standing Counsel
form the Deputy District Magistrate, Sadar, District Jaunpur, has been
placed before the Court, which is taken on record.
4. A perusal of the aforesaid instructions shows that Plot Nos. 503, 537 &
700 have been encroached upon by one Rajaram, Raj Narayan and
Subash, respectively, by raising unauthorized constructions. Proceedings
under Section 136 of the U.P. Revenue Code, 2006, have already been
initiated against the encroachers, pursuant to which, Case Nos.
T202614360400501; T202614360400500 and T20251436041143, have
been registered. Dates in the said cases are being fixed to ensure its
expeditious disposal.
WPIL No. 3793 of 2025
2
5. In view of the aforesaid, the present petition is disposed of with the
direction to the Deputy District Magistrate, Sadar, District Jaunpur, to
decide the aforesaid cases pending before him, under Section 136 of the
Revenue Code, in respect of Plots in question, in accordance with law,
after hearing all the concerned parties, expeditiously, preferably within a
period of three months, from the date of presentation of a certified copy of
this order.
(Arun Kumar,J.)
April 20, 2026
Ranjeet Sahu
Digitally signed by :-
RANJEET SAHU
High Court of Judicature at Allahabad
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