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Allahabad High Court

SIBBU RAMversusSTATE OF U.P. AND 6 OTHERS

Decided

Holding

The court held that no encroachment by respondents No. 6 and 7 on plot 268 ख was established, and therefore dismissed the petition.

Summary

The petitioner, Sibbu Ram, filed a public interest litigation seeking a mandamus directing the respondents to remove an alleged encroachment on plot Khasra/Gatta No. 268 ख belonging to Navin Parti. The petitioner alleged that respondents No. 6 and 7, owners of the adjacent plot No. 270, had constructed structures that infringed upon plot 268 ख. The court examined a directive dated 28‑01‑2026 issued by the Deputy District Magistrate, which recorded that plot 268/2 is owned by Angad, Awadhesh and Jaswant, while plot 268 ख is recorded as Navin Parti land with an existing old settlement and found no evidence of encroachment by respondents No. 6 and 7. The petitioner’s claim of encroachment was deemed unsubstantiated. Consequently, the court dismissed the PIL as misconceived.

Issues considered

  • Whether respondents No. 6 and 7 have encroached upon plot Khasra/Gatta No. 268 ख belonging to Navin Parti
  • Whether a writ of mandamus can be issued in a public interest litigation to compel removal of alleged encroachment

Subjects

  • encroachment
  • land dispute
  • public interest litigation
  • mandamus
  • property law
  • district magistrate instruction

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
          PUBLIC INTEREST LITIGATION (PIL) No. - 3935 of 2025

Sibbu Ram
                                                           .....Petitioner(s)
                                  Versus

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

Counsel for Petitioner(s)         : Mannu Ram
Counsel for Respondent(s)         : Bhupendra Kumar Tripathi, C.S.C.

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

1. Heard Sri Mannu Ram Chaudhary, learned counsel for the petitioner
and learned Standing Counsel for the State respondents. Sri B. K.
Tripathi, Advocate has accepted notice on behalf of respondent Gaon
Sabha.

2. The present petition has been filed seeking following relief:

     "Issue a writ, order or direction in the nature of mandamus
     commanding the respondent no. no. 2, 3 & 4 to remove the
     encroachment from the Navin Parti over Khasra/Gatta No. 268
     ख, Rakaba 1.2460 Hectare situated near Harizan Basti at Goan
     Sabha Chhittampur, Pargana- Badawal, Tehsil-Sakaldeeha,
     District- Chandauli, made by the respondent no. 6 & 7, by a
     reasoned and speaking order within a specific period which is
     to be fixed by this Hon'ble court."

3. In pursuance of the direction of this Court, the instruction dated
28.01.2026, sent by the Deputy District Magistrate, Sakaldeeha,
Chandauli, has been placed before the Court by learned Standing Counsel,
which is taken on record.

4. Perusal of the aforesaid instruction shows that plot no.268/2 area 0.166
hectare is recorded as bhumidhari land of Angad, Awadhesh and Jaswant.
Plot no.268Kha area 1.246 hectare is recorded as Naveen Parti, over
which an old Abadi is existing. According to the instruction, it is evident
that respondent nos.6 and 7 have not encroached upon any portion of plot
                                                                                             WPIL No. 3935 of 2025
                                                                   2


                                    no.268Kha.

                                    5. Learned counsel for the petitioner contends that respondent nos.6 and
                                    7 are the owner of plot no.270 adjacent to plot no.268. They have raised
                                    construction encroaching upon plot no.268Kha.

                                    6. The apprehension of the petitioner that by raising construction over
                                    their plot no.270, the respondent nos.6 and 7 have encroached upon
                                    adjacent plot no.268, is not substantiated in view of the instruction sent by
                                    the concerned Deputy District Magistrate, as such, the present PIL for
                                    evicting them from plot no.268 appears to be misconceived and is,
                                    accordingly, dismissed.



                                                                                              (Arun Kumar,J.)
                                    May 15, 2026
                                    Ashok Kr.




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

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