Allahabad High Court
VIJAY PALversusSTATE OF U.P. AND 6 OTHERS
- Decided
- Bench
- ARUN KUMAR
Holding
The petition is disposed of, and the Tehsildar is directed to finalize the Section 67 proceedings on Plot No.560 within three months.
Summary
Vijay Pal filed a public interest litigation seeking a court order directing the State of Uttar Pradesh to remove an alleged illegal encroachment by respondents 5‑7 on Plot No.601, recorded as Banjar land in Ghaziabad district. The Court examined instructions from the Deputy District Magistrate showing that a revenue team demarcated the plot on 23‑12‑2025 and found no encroachment by the respondents on Plot No.601. The same instructions revealed that respondent 6 had transferred land to respondent 7 via a sale deed dated 18‑04‑2023, resulting in possession over Plot No.560, a Class 6(2) Gohra land belonging to the Gaon Sabha, and that construction by respondent 7 had been halted. Proceedings under Section 67 of the Uttar Pradesh Revenue Code, 2006, were already initiated against the encroachment on Plot No.560. The Court disposed of the writ petition, directing the Tehsildar of Tehsil Sadar to finalize the Section 67 proceedings concerning Plot No.560 within three months, after hearing the parties. The order was pronounced by Justice Arun Kumar on 18 May 2026.
Issues considered
- Whether there is an illegal encroachment by respondents 5‑7 on Plot No.601 as alleged in the PIL
- Whether the court should direct removal of the alleged encroachment
- Whether the pending proceedings under Section 67 of the U.P. Revenue Code, 2006, concerning Plot No.560 should be expedited
Legislation cited
- U.P. Revenue Code, 2006 — s. 67
Subjects
- public interest litigation
- encroachment
- land revenue
- Section 67
- U.P. Revenue Code
- Banjar land
- Gaon Sabha
- demarcation
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 3910 of 2025
Vijay Pal
.....Petitioner(s)
Versus
State Of U.P. And 6 Others
.....Respondent(s)
Counsel for Petitioner(s) : Akhtar Ali
Counsel for Respondent(s) : C.S.C., Sunil Kumar Singh
Court No. - 55
HON'BLE ARUN KUMAR, J.
1. Heard Sri Akhtar Ali, learned counsel for the petitioner and learned
Standing Counsel for the respondent nos.1 to 3. Sri Sunil Kumar Singh
has accepted notice on behalf of respondent no.4.
2. The present writ petition has been filed seeking a direction to the
respondent no.3 to remove the illegal encroachment made by respondent
nos.5 to 7 over Plot No.601 area 0.9040 hectare, recorded as Banjar in the
relevant revenue records, relating to Village Ataur, Tehsil Sadar, District
Ghaziabad.
3. In pursuance of the direction of this Court, learned Standing Counsel
has placed before the Court the instructions dated 27.1.2026 sent by
Deputy District Magistrate, Tehsil Sadar, District Ghaziabad, which is
taken on record.
4. Perusal of the aforesaid instructions shows that on 23.12.2025 revenue
team was sent for demarcation of Plot No.601. The revenue team after its
demarcation found that there is no encroachment by respondent nos.5 to 7
over the said plot. It is further stated that through sale deed dated
18.4.2023 the respondent no.6 has transferred the certain land to
respondent no.7 without disclosing the plot number. The possession of
respondent nos.6 and 7 was found over plot no.560, which is land of Class
6(2) (Gohra), which is a land belonging to Gaon Sabha. The construction
being raised by respondent no.7 has been stopped and proceedings under
Section 67 of the U.P. Revenue Code, 2006 has been initiated.
WPIL No. 3910 of 2025
2
5. In view of the aforesaid, the present writ petition is disposed of with
direction to the Tehsildar, Tehsil Sadar, District Ghaziabad to finalize the
proceedings under Section 67 of the Code, 2006, pending before it, in
respect of plot no.560, in accordance with law, after hearing the parties
concerned, expeditiously, preferably within a period of three months from
the date of presentation of a certified copy of this order.
(Arun Kumar,J.)
May 18, 2026
Anil
Digitally signed by :-
ANIL KUMAR PATEL
High Court of Judicature at Allahabad
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