GHANSHYAM KUNWARversusSTATE OF U.P. AND 6 OTHERS

          HIGH COURT OF JUDICATURE AT ALLAHABAD
          PUBLIC INTEREST LITIGATION (PIL) No. - 3933 of 2025

Ghanshyam Kunwar
                                                                    .....Petitioner(s)
                                        Versus

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

Counsel for Petitioner(s)           : Amar Singh Yadav, Manoj Kumar
Counsel for Respondent(s)           : Arvind Kumar, Azad Rai, C.S.C.,
                                      Jitendra Kumar Pandey

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

1. Heard Sri Amar Singh Yadav, learned counsel for the petitioner;
learned Standing Counsel for the respondent nos. 1 to 4; Sri Rajan
Chauhan holding brief of Sri Azad Rai for the respondent no. 5 and Sri
Pramod Kumar holding brief of Sri Arvind Kumar for the respondent no.
6.

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

"i) issue a writ, order or direction in the nature of mandamus directing the respondent
Nos.2, 3 and 4 to remove the encroachment made by respondent Nos.6 and 7 over the
Arazi No. 70 Area 0.1710 hectare which is recorded as Khad Ka Gaddha in the
revenue record as well as Arazi No. 69 Area 0.1940 hectare which is recorded as
Khalihan in the revenue record situated in Village-Paksarai (Chayal), Pargana and
Tehsil-Chayal, District- Kaushambi."

3. On 22.01.2026 following order was passed by this Court in the present
writ petition:-

"1. Heard learned counsel for the petitioner, Mr. T.P. Gupta, learned Standing
Counsel for the State-respondents, Mr. Pramod Kumar holding brief of Mr. Arvind
Kumar, respondent No.6 and Mr. Azad Rai, learned counsel for Gaon Sabha.

2. Learned counsel for the petitioner submitted that plot in question is recorded as
khad gaddha in the revenue record and an order for ejectment and damages has been
passed in respect to the plot in question, as such authorities be directed to take
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appropriate steps for removal of encroachment from the plot in question.

3. Mr. Pramod Kumar holding brief of Mr. Arvind Kumar, respondent No.6 submitted
that instant public interest litigation at the instance of the petitioner cannot be
entertained as petitioner's father has filed a Writ Petition, bearing Writ B No.10874 of
1997 before this Court in respect to the proceeding initiated by the gaon sabha/state
in respect to plot, which is recorded as pond. He submitted that petitioner's father has
expired and petitioner's substitution application is pending in the aforementioned writ
petition. He submitted that the aforementioned fact has not been disclosed in the
instant public interest litigation as such the instant public interest litigation is liable to
be dismissed with cost.

4. Put up this matter along with record of Writ B No.10874 of 1997 on 12.2.2026 as
fresh.

5. Learned counsel for the petitioner shall address the court on the next date as to why
fact regarding pendency of Writ B No.10874 of 1997 has not been disclosed in the
instant public interest litigation as well as petitioner shall file supplementary affidavit
explaining the aforementioned fact."

4. The record of Writ - B No. 10874 of 1997 has come before this Court
today. A perusal of the said writ petition shows that the father of the
petitioner was declared bhumidhar with non-transferable rights of an area
of 5 bigha and 3 biswa in Plot No. 71, situated in Village Paksarai, Tehsil
Chayal, District Allahabad. The order of declaration of his right under
Section 122-B(4F) was set aside, which was upheld by the Board of
Revenue, U.P. at Allahabad, which is subject matter of challenge in the
aforesaid writ petition. In the said writ petition a substitution application
has been filed to bring on record the heirs of deceased sole petitioner in
which petitioner no. 1/1 is the petitioner of the present PIL.

5. In view of the aforesaid, it is evident that Plot No. 70, area 0.1710
hectare, recorded as Khad Ka Gaddha (Manure Pit) in the revenue records
and Plot No. 69, area 0.1940 hectare, recorded as Khalihan, are not the
subject matter of Writ - B No. 10874 of 1997.

6. Considering the nature of relief claimed in the present PIL, it is evident
that the petitioner has a remedy of redressal of his grievance under
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                                    Section 67 of the Uttar Pradesh Revenue Code, 2006. The Division Bench
                                    of this Court in the case of Amaruddin Ansari Vs. State of U.P. and 5
                                    others, passed in Public Interest Litigation (PIL) No.655 of 2026, decided
                                    on 18.03.2026, has held that the authorities under the Revenue Code have
                                    inherent jurisdiction to prevent the misuse of public property and a public
                                    interest litigation petition before this Court under Article 226 of the
                                    Constitution of India is meritless and an abuse of process of law.

                                    7. In view of the aforesaid, the present PIL is disposed of with liberty to
                                    the petitioner to move an application under Section 67 of Uttar Pradesh
                                    Revenue Code, 2006, before appropriate authority. If any such application
                                    is filed by the petitioner, it shall be considered and decided, in accordance
                                    with law.



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




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