Allahabad High Court
MITHILESH KUMAR NISHAD AND ANOTHERversusSTATE OF U.P. AND 7 OTHERS
- Decided
- Bench
- ARUN KUMAR
Holding
The Court held that the plots are free of encroachment and the petitioner's allegations are baseless, leading to dismissal of the petition.
Summary
The petitioners filed a public interest litigation seeking a court direction for the removal of alleged encroachments on plot no. 2187 (recorded as Chak Road) and plot no. 2185 (recorded as Nali) in Jaunpur district. The State respondents submitted an instruction dated 7 January 2026 stating that a demarcation team found no encroachment on the plots. The petitioners contested this finding, alleging procedural irregularities in measurement, possible collusion between state officials and encroachers, and protection of encroachers by the Gram Pradhan. The Court examined the petitioner's reply and found the allegations vague, unsupported by material evidence, and constituting an abuse of process. Concluding that the plots are free from encroachment, the Court dismissed the petition without further direction.
Issues considered
- Whether the State authorities should be directed to remove alleged encroachments on plots 2187 and 2185.
- Whether the petitioner's allegations of procedural irregularities and collusion are sufficient to warrant judicial intervention.
- Whether the petition constitutes an abuse of process of the Court.
Subjects
- public interest litigation
- encroachment
- land demarcation
- abuse of process
- state authority
- revenue records
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 3807 of 2025
Mithilesh Kumar Nishad And Another
.....Petitioner(s)
Versus
State Of U.P. And 7 Others
.....Respondent(s)
Counsel for Petitioner(s) : Jai Shankar Mishra, Shardendu Mishra
Counsel for Respondent(s) : Bhupendra Kumar Tripathi, C.S.C.
Court No. - 55
HON'BLE ARUN KUMAR, J.
1. Heard Sri Shardendu Mishra, learned counsel for the petitioner,
learned Standing Counsel for the State respondent nos.1 to 4 and Sri Amit
Gupta, holding brief of Sri B. K. Tripathi, learned counsel for the
respondent no.5.
2. The present petition has been filed seeking a direction to the state
authorities to remove the encroachment made by encroachers over plot
no.2187 recorded as Chak Road and plot no.2185 recorded as Nali in the
revenue records relating to Village Uttarganwa, Tehsil Sadar, District
Jaunpur.
3. On 08.01.2026, following order was passed:
"1. In compliance of the order of this Court dated 11.12.2025, instruction dated 7.1.2026
sent by the Sub-Divisional Officer, Sadar, Jaunpur is taken on record.
2. Mr. Muneshwar Singh, learned Standing Counsel for the State-respondents on the basis
of instruction dated 7.1.2026 submitted that no encroachment has been found over the plot
in question by the team constituted for demarcation of the plot in question.
3. Learned counsel for the petitioner is disputing the facts mentioned in the instruction
dated 7.1.2026.
4. Learned Standing Counsel for the State shall serve the copy of the instruction dated
7.1.2026 upon learned counsel for the petitioner during course of the day.
5. Learned counsel for the petitioner shall file reply to the facts mentioned in the
WPIL No. 3807 of 2025
2
instruction dated 7.1.2026 within two weeks.
6. Put up this case as fresh on 29.1.2026."
4. In pursuance of the aforesaid direction, the petitioner has filed his
reply against the instruction dated 07.01.2026, in which he has averred
that the measurement of the plot nos.2187 and 2185 has not been done
according to the procedure prescribed for demarcation by identifying the
fix points. It is further stated in para 4 of his reply that Nali and Chak
Road might be shown in the chak of other villagers. In para 5, it is also
stated that the state respondents have colluded with encroachers to give
instruction under pressure and the Gram Pradhan is also protecting the
encroachers.
5. On perusal of writ petition, instruction and reply of the petitioner, it is
evident that bald and baseless allegations have been made in the
representation of the petitioner in respect of encroachments over plot
no.2185 and 2187. The objection to the instruction is also vague and not
supported by any material evidence. Casting aspersions on state
authorities without any material to substantiate allegation amounts to
abuse of process of court.
6. In view of the fact that areas of plot no.2187 and 2185 recorded as
Chak Road and Nali in the revenue records are free from all
encroachments, no further direction is required to be issued in the present
PIL.
7. The present petition is, accordingly, dismissed.
(Arun Kumar,J.)
May 18, 2026
Ashok Kr.
Digitally signed by :-
ASHOK KUMAR
High Court of Judicature at Allahabad
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