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Allahabad High Court

KSHETRAPALversusSTATE OF U.P. AND 6 OTHERS

Decided

Holding

The court held that the Chak Road is free from encroachments, so no further direction for removal is required.

Summary

The petitioner, Kshetrapal, filed a public interest litigation seeking a court order directing the removal of alleged illegal encroachments on plot no. 218, recorded as Chak Road, in Village Sultat Patti, Mathura. The respondents, including the State of Uttar Pradesh and the Gaon Sabha, submitted an instruction from the Deputy District Magistrate stating that the 13‑ft wide road is currently free of encroachments and that normal traffic is proceeding. A spot inspection on 10‑12‑2025 corroborated this finding, although the petitioner declined to sign the inspection memo. The court examined the instruction and the inspection report and concluded that the factual matrix shows no encroachment exists. Consequently, the court held that no further direction is necessary and disposed of the petition.

Issues considered

  • Whether the court should issue a direction for removal of alleged encroachments on the Chak Road in plot no. 218.
  • Whether any further judicial direction is required in the present public interest litigation.

Subjects

  • public interest litigation
  • illegal encroachment
  • land road dispute
  • inspection report
  • court disposal

Judgment

                                                   HIGH COURT OF JUDICATURE AT ALLAHABAD

                                               PUBLIC INTEREST LITIGATION (PIL) No. - 3826 of 2025

                                    Kshetrapal
                                                                                                            .....Petitioner(s)
                                                                            Versus
                                    State Of U.P. And 6 Others
                                                                                                          .....Respondent(s)

                                    Counsel for Petitioner(s)                 :   Dwijendra Prasad
                                    Counsel for Respondent(s)                 :   Avinash Chandra Srivastava, C.S.C.

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

                                    1. Heard Sri Dwijendra Prasad, learned counsel for the petitioner, learned Standing
                                    Counsel for the State respondents and Ms. Vandana Srivastava, holding brief of Sri A.
                                    C. Srivastava, 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.218 area 0.1010 hectare recorded as Chak Road in the relevant revenue
                                    records relating to Village Sultat Patti, Tehsil Maat, District Mathura.

                                    3. In pursuance of the direction of this Court, the instruction sent by the Deputy
                                    District Magistrate, Maat, Mathura, has been placed before the Court by learned
                                    Standing Counsel, which is taken on record.

                                    4. Perusal of the aforesaid instruction shows that the road (Chak Road) on plot no.218
                                    with width of 13 ft. is free from all encroachments and normal movement over it is
                                    going on. It is further stated that petitioner was also present at the time of spot
                                    inspection carried out on 10.12.2025, however, he refused to sign the spot inspection
                                    memo.

                                    5. In view of the aforesaid instruction and spot inspection report submitted alongwith
                                    it, it is evident that at present the Chak Road over plot no.218 is free from all
                                    encroachments. No further direction is, therefore, required to be issued in the present
                                    PIL.

                                    6. The present petition is, accordingly, disposed of.

                                    May 18, 2026
                                    Ashok Kr.
                                                                                                         (Arun Kumar,J.)




Digitally signed by :-
ASHOK KUMAR
High Court of Judicature at Allahabad


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