Allahabad High Court

AAFTAB ALAMversusSTATE OF U.P AND 12 OTHERS

Decided: 14 May 2026
Bench: ARUN KUMAR

Holding

The petition is dismissed as infructuous because the encroachments have been removed and the petitioner has not raised any objection.

Summary

The petitioner filed a public interest litigation seeking a writ of mandamus directing certain respondents to remove illegal encroachments on a 0.3080 hectare graveyard (Kabristan) land in Narai village, Prayagraj. The State respondents produced an instruction dated 17-12-2025 indicating that the revenue team had already demarcated the plot and cleared the encroachments, though a metaled road now occupies part of it. The petitioner failed to file a rejoinder to the counter‑affidavit or object to the instruction within the time ordered by the court. Consequently, the court held that the petitioner’s grievance was effectively redressed and that the petition had become infructuous. The writ petition was therefore disposed of without further relief.

Issues considered

Whether the petition qualifies as a public interest litigation and is maintainable.
Whether the court should issue a mandamus directing removal of encroachments on the graveyard land.
Whether the petition becomes infructuous due to the removal of encroachments and lack of objection by the petitioner.

Subjects

public interest litigation
writ of mandamus
encroachment
graveyard land
infructuous petition
revenue records
Allahabad High Court

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 3920 of 2025

Aaftab Alam
.....Petitioner(s)
Versus

State Of U.P And 12 Others
.....Respondent(s)

Counsel for Petitioner(s) : Pravesh Kumar Vishwakarma, Sitesh
Kumar, Tarun Kumar Chauhan
Counsel for Respondent(s) : Charlie Prakash, Kamal Krishna Roy,
Prabal Pratap, Azad Rai, C.S.C.

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

1. Heard Sri Siddharth Ojha holding brief of Sri Sitesh Kumar, learned
counsel for the petitioner and learned Standing Counsel for the
respondent nos. 1 to 4. Sri Azad Rai has accepted notice on behalf of
respondent no. 5.

2. The present petition has been filed for the following relief:-

"1. issue writ order or direction in the nature of mandamus directing the respondent
no.2 and 3 to take an appropriate, proper and legal action against respondent no.6 to
13 for removal of illegal encroachment over Gata No. 282 area about 0.3080 hectare
is Graveyard (Kabristan) land situated in village Narai, Tehsil Phulpur, Police
Station Phulpur District Prayagraj within stipulated period."

3. On 22.01.2026, the following order was passed by this Court in the
matter:-

"1. Vakalatnama filed by Mr. K.K. Roy, Mr. Prabal Pratap & Mr. Charlie Prakash,
Advocates on behalf of respondent nos.7, 8, 10 & 12 is taken on record.

2. Heard learned counsel for the petitioner, Mr. Ajay Kumar Baranwal, learned
Standing Counsel for the State-respondents, Mr. K.K. Roy, Mr. Prabal Pratap & Mr.
Charlie Prakash, learned counsel for respondent nos.7, 8, 10 & 12 and Mr. Azad Rai,
learned counsel for the respondent- Gaon Sabha.

3. Learned counsel for the petitioner submitted that the plot in question is recorded as
WPIL No. 3920 of 2025
2

Kabristan in the revenue records and private respondents are in illegal possession
over the same.

4. Instruction dated 17.12.2025 sent by Sub-Divisional Magistrate, Phoolpur,
Prayagraj is taken on record.

5. Learned Standing counsel on the basis of instruction dated 17.12.2025 submitted
that the plot no.282 area 0.3080 hectare is recorded as Kabristan. He further
submitted that inspection / demarcation has been made by the revenue team and
encroachment has been removed.

6. Learned counsel for the private respondents submitted that the instant public
interest litigation cannot be entertained as petition has not been filed in public
interest.

7. Learned counsel for the petitioner is disputing the facts mentioned in the instruction
dated 17.12.2025.

8. Learned Standing Counsel for the State shall serve the copy of the instruction upon
learned counsel for the petitioner during course of the day.

9. Learned counsel for the petitioner shall file reply to the facts mentioned in the
instruction dated 17.12.2025 within two weeks.

10. Put up this case as fresh on 12.2.2026 showing the name of Mr. Mr. K.K. Roy, Mr.
Prabal Pratap & Mr. Charlie Prakash as learned counsel for the respondent nos.7, 8,
10 & 12."

4. The counsel for the petitioner has neither filed any rejoinder affidavit to
the counter affidavit filed by the private respondents, nor any objection
has been filed to the instructions, dated 17.12.2025, as directed by this
Court.

5. A perusal of the aforesaid instructions shows that Plot No. 282,
recorded as Graveyard has been cleared from all encroachments,
however a part of it has been occupied by a metaled road, which is being
used by the public at large.

6. As no objection has been filed to the instructions, it appears that the
WPIL No. 3920 of 2025
3

petitioner has lost interest in the present writ petition, as his grievance has
been redressed after the encroachments were cleared by the revenue
team.

7. In view of the aforesaid, the present writ petition is disposed of, as
having become infructuous.

(Arun Kumar,J.)
May 15, 2026
Ranjeet Sahu

Digitally signed by :-
RANJEET SAHU
High Court of Judicature at Allahabad

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