Allahabad High Court

BACHCHAN LALversusSTATE OF U.P. AND 8 OTHERS

Decided: 17 May 2026
Bench: ARUN KUMAR

Holding

The court directed the Tehsildar to decide the pending cases under Section 67(1) of the U.P. Revenue Code, 2006 within three months, thereby disposing of the petition.

Summary

The petitioner filed a public interest litigation seeking a court direction to remove illegal encroachment on Plot No. 658 (0.045 ha) in Village Jaupur, Jaunpur. The court noted an instruction dated 12‑02‑2026 from the Deputy District Magistrate ordering eviction, and observed that earlier cases No.131, 132 and 133 had been filed, with 131 and 133 already cleared of encroachment while case 132 remained pending due to the death of the encroacher. Two new cases (T202614360304110 and T202614360604109) under Section 67(1) of the Uttar Pradesh Revenue Code, 2006, were pending before the Tehsildar. The court disposed of the petition, directing the Tehsildar to decide the pending cases under the said provision within three months after hearing all parties. The order thus provides a procedural direction for enforcement of eviction and recovery of damages.

Issues considered

Whether the Tehsildar should be directed to decide the pending revenue cases concerning illegal encroachment under Section 67(1) of the U.P. Revenue Code, 2006.
Whether the petitioner is entitled to a court‑ordered direction for removal of the encroachment.

Legislation cited

U.P. Revenue Code, 2006 — s. 67(1)

Subjects

illegal encroachment
public interest litigation
Uttar Pradesh Revenue Code
Section 67(1)
eviction
land recovery
Tehsildar

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 3884 of 2025

Bachchan Lal
.....Petitioner(s)
Versus

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

Counsel for Petitioner(s) : Dhiraj Srivastava
Counsel for Respondent(s) : Bhupendra Kumar Tripathi, C.S.C.

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

1. Heard Sri Dhiraj Srivastava, learned counsel for the petitioner and
learned Standing Counsel for the State respondents. Sri B. K. Tripathi,
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.658 area 0.0450 hectare
situated in Village Jaupur, Tehsil Mariyahoon, District Jaunpur.

3. In pursuance of the direction of this Court, the instruction dated
12.02.2026, sent by the Deputy District Magistrate, Mariyahoon, has been
placed before the Court by learned Standing Counsel, which is taken on
record.

4. Perusal of the aforesaid instruction shows that earlier three cases being
Case No.131, 132 and 133 were registered against Sabhapati, Sarvjeet
and Lalchand, receptively, in which order dated 28.05.2026 was passed
for eviction of the encroachers and recovery of damages. During
inspection of plot in question by the revenue team on 13.02.2026, the
subject matter of Case No.131 and 133 was found free from all
encroachments. However, in respect of Case No.132, Sarvjeet, father of
respondent nos.6 to 9, died, therefore, implementation of the order dated
28.05.2016 had not been taken. Instruction also shows that a Case No.
T202614360304110 has been registered against the respondent nos.6 to 9
under Section 67(1) of the U.P. Revenue Code, 2006 and another Case
WPIL No. 3884 of 2025
2

No.T202614360604109 has also been registered against the petitioner
himself. Both the aforementioned cases are pending before the Tehsildar,
Mariyahoon, Jaunpur.

5. In view of the aforesaid, the present petition is disposed of with
direction to Tehsildar, Mariyahoon, Jaunpur 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 concerned, within a
period of three months from the date of presentation of a certified copy of
this order.

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

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

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