Allahabad High Court
UMESH YADAVversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- ARUN KUMAR
Holding
The High Court directed the Tehsildar to decide the pending cases under Section 67(1) of the U.P. Revenue Code, 2006 within three months.
Summary
The petitioner filed a public interest litigation seeking a court direction to remove illegal encroachment by private respondents on a pond plot (0.0770 hectare) in Village Bagai Mutalka Banhara, Azamgarh. The court noted an instruction dated 02.01.2026 from the Tehsildar, Sagadi, indicating that proceedings under Section 67(1) of the Uttar Pradesh Revenue Code, 2006 have been initiated (Case Nos. T202615060702593 and T202615060702594) and are pending. The court held that it could not directly order removal but could direct the revenue officer to decide the pending cases. Accordingly, the petition was disposed with a direction to the Tehsildar to pass an appropriate order under Section 67(1) within three months of receiving a certified copy of the judgment. The order emphasizes compliance with law and hearing of all parties concerned.
Issues considered
- Whether the High Court can direct the Tehsildar to decide pending revenue cases under Section 67(1) of the U.P. Revenue Code, 2006 for removal of illegal encroachment.
Legislation cited
- Uttar Pradesh Revenue Code, 2006 — s. 67(1)
Subjects
- public interest litigation
- illegal encroachment
- revenue law
- Section 67
- Uttar Pradesh
- Tehsildar
- pond
- removal of encroachment
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 3952 of 2025
Umesh Yadav
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Amit Kumar Singh
Counsel for Respondent(s) : C.S.C., Rameshwar Prasad Shukla
Court No. - 55
HON'BLE ARUN KUMAR, J.
1. Heard Sri Amit Kumar Singh, learned counsel for the petitioner,
learned Standing Counsel for the State respondents no.1 to 4 and Sri Prem
Bahadur Singh, holding brief of Sri R. P. Shukla, 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.166 area 0.0770 hectare
recorded as Pond in the relevant revenue records relating to Village
Bagai Mutalka Banhara, Tehsil Sagadi, District Azamgarh.
2. In pursuance of the direction of this Court, the instruction dated
02.01.2026, sent by the Tehsildar, Sagadi, Azamgarh has been placed
before the Court, which is taken on record.
3. Perusal of the aforesaid instruction shows that in respect of
encroachment made by the encroachers over the plot in question,
proceedings under Section 67(1) of the U.P. Revenue Code, 2006 have
been initiated, which are registered as Case Nos.T202615060702593 and
T202615060702594 before the Tehsildar, Sagadi, Azamgarh and are
pending.
4. In view of the aforesaid, the present petition is disposed of with
direction to the Tehsildar, Sagadi, Azamgarh to decide the
aforementioned cases under Section 67(1) of the U.P. Revenue Code,
2006, pending before him, in respect of plot in question, by passing
WPIL No. 3952 of 2025
2
appropriate order, in accordance with law, after hearing all the parties
concerned, within a period of three months from the date of presentation
of a certified copy of this order.
(Arun Kumar,J.)
May 7, 2026
Ashok Kr.
Digitally signed by :-
ASHOK KUMAR
High Court of Judicature at Allahabad
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