Allahabad High Court
SHAMIM AND 4 OTHERSversusSTATE OF U.P. AND 9 OTHERS
- Decided
- Bench
- ARUN KUMAR
Holding
Since the demarcation proceedings found no illegal encroachment on the plots, the petition was held to be infructuous and disposed.
Summary
The petitioners filed a public interest litigation seeking a court order directing respondents to remove alleged illegal encroachments on several plots recorded as a graveyard, Kabristan, and Hajeera in Village Mujhera, Muzaffarnagar. The court examined instructions from the Deputy District Magistrate and demarcation reports dated 16 November 2024 and 4 February 2026, which found no encroachment on any of the plots. The earlier order in PIL No.2187 of 2024 had also directed demarcation, which confirmed the absence of illegal possession. Consequently, the court held that no further direction was necessary. The petition was declared infructuous and disposed of.
Issues considered
- Whether there is any illegal encroachment on the plots in question.
- Whether the court should issue a direction to remove alleged encroachments.
Subjects
- public interest litigation
- encroachment
- land demarcation
- graveyard
- petition infructuous
- removal of encroachment
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 3962 of 2025
Shamim And 4 Others
.....Petitioner(s)
Versus
State Of U.P. And 9 Others
.....Respondent(s)
Counsel for Petitioner(s) : Satyendra Narayan Singh, Sushil
Kumar Pandey
Counsel for Respondent(s) : Prashant Singh, Raj Deo Singh, C.S.C.,
Kaushal Kishore Mani
Court No. - 55
HON'BLE ARUN KUMAR, J.
1. Heard Sri Satyendra Narayan Singh learned counsel for the petitioners,
learned Standing Counsel for the respondent nos.1 to 4 and Sri Raj Deo
Singh, learned counsel for the respondent no.6. Sri Kaushal Kishore Mani
has accepted notice on behalf of respondent no.5.
2. The present writ petition has been filed seeking a direction to the
respondent nos.2 to 4 to remove the illegal encroachment made by
respondent nos.7 to 10 over Plot Nos.945, 940, 935, 941/1, 941/2, 941/3
and 934, recorded as Graveyard in the relevant revenue records, relating
to Village Mujhera, Tehsil Jansath, District Muzaffarnagar.
3. In pursuance of the direction of this Court, learned Standing Counsel
has placed before the Court the instructions dated 6.2.2026 sent by
Deputy District Magistrate, Tehsil Jansath, District Muzaffarnagar, which
is taken on record.
4. Perusal of the aforesaid instructions shows that plot nos.945, 941/1,
941/2 and 941/3 is a private land belonging to Anwar Hussain and Jille
Husnain sons of Jabbar Hussain. Plot nos.934 area 0.5530 hectare and 935
area 0.3350 hectare are recorded as Kabristan and Plot No.940 area 0.820
hectare is recorded as Hajeera. It is further stated that there is no
encroachment over the plots recorded as Kabristan and Hajeera. In
pursuance of the order of this Court dated 14.11.2024 passed in earlier
PIL No.2187 of 2024, demarcation proceedings were conducted by the
WPIL No. 3962 of 2025
2
revenue team in which a report dated 16.11.2024 was submitted, where no
encroachment was found over Plot Nos.934, 935, 940 and 943. In the
present demarcation proceeding conducted on 4.2.2026, no illegal
possession by any encroacher has been found in the aforesaid plots.
5. In view of the aforesaid, no further direction is required to be issued in
the present petition.
6. As the plots in question are found free from all encroachments, the
present petition is disposed of as having become infructuous.
(Arun Kumar,J.)
May 7, 2026
Anil
Digitally signed by :-
ANIL KUMAR PATEL
High Court of Judicature at Allahabad
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