Allahabad High Court
CHHOTELAL PATELversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- ARUN KUMAR
Holding
The petition is dismissed as infructuous.
Summary
The petitioner, Chhotelal Patel, filed a public interest litigation seeking a court direction to remove alleged illegal encroachments and halt construction of a pathway on plot no.287 (recorded as Khalihan) in Gaunariya Raja village, Maharajganj. The respondents, the State of Uttar Pradesh and others, produced an instruction dated 28.01.2026 from the Tehsildar stating that no construction was currently underway on the plot. The court examined the petitioner's claim that villagers had decided to construct a road on the plot, noting that the petition lacked any resolution of the Gaon Sabha and appeared speculative. Relying on the Tehsildar's instruction, the court found no basis to interfere with the status quo. Consequently, the petition was held to be infructuous and was dismissed.
Issues considered
- What is the appropriate judicial remedy, if any, for alleged illegal encroachment and construction on plot no.287?
- Whether the petitioner's allegations, lacking a Gaon Sabha resolution, justify a court order to halt construction?
- Whether the petition is infructuous in view of the Tehsildar's instruction that no construction is ongoing?
Subjects
- public interest litigation
- illegal encroachment
- land management
- Khalihan
- construction halt
- infructuous petition
- Tehsildar instruction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 3939 of 2025
Chhotelal Patel
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Piyush Patel, Pradeep Kumar
Counsel for Respondent(s) : C.S.C., Sudhir Bharti
Court No. - 55
HON'BLE ARUN KUMAR, J.
1. Heard Sri Ravi Prakash, holding brief of Sri Pradeep Kumar, learned
counsel for the petitioner, learned Standing Counsel for the State
respondents and Sri Sudhir Bharti, 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.287 area 0.4490 hectare
recorded as Khalihan in the relevant revenue records relating to Village
Gaunariya Raja, Tehsil Sadar, District Maharajganj.
3. In pursuance of the direction of this Court, the instruction dated
28.01.2026, sent by the Tehsildar, Sadar, Maharajganj, has been placed
before the Court by learned Standing Counsel, which is taken on record.
4. Perusal of the aforesaid instruction shows that on the northern side of
plot no.287 there exists house of petitioner and land appurtenant to it,
alongwith village Abadi. On the southern side, the plot in question is
surrounded by the bhumidhari land of villagers, who have raised their
construction and are residing in it. Even though, demand has been raised
by the villagers for construction of pathway (Khadanja) on the said plot
but the said work was stopped and at present, there is no construction
going on over the plot in question.
5. Perusal of the writ petition shows that petitioner is aggrieved by the
decision of the villagers for construction of road on the plot no.287. The
WPIL No. 3939 of 2025
2
petitioner by the present PIL is challenging the decision of the Land
Management Committee for construction of pathway on the periphery of
plot no.287. The averments made in the writ petition are not based upon
any resolution of the Gaon Sabha but appears to be on the basis of
conjectures.
6. In view of the aforesaid, there is no good ground to disbelieve the
instruction sent by the concerned Tehsildar stating that at present, no
construction is going on over plot no.287 recorded as Khalihan.
7. The present petition is, accordingly, dismissed as having become
infructuous.
(Arun Kumar,J.)
May 15, 2026
Ashok Kr.
Digitally signed by :-
ASHOK KUMAR
High Court of Judicature at Allahabad
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