Allahabad High Court

VINAY KUMARversusSTATE OF U.P. AND 4 OTHERS

Decided: 4 May 2026
Bench: ARUN KUMAR

Holding

The Court disposed of the petition, directing the Tehsildar to decide the pending revenue case within three months and exempting the Deputy District Magistrate from personal appearance.

Summary

The petitioner filed a public interest litigation seeking a court direction to remove an encroachment on Plot No. 640 (0.840 hectare) in Village Hansrajpur, Prayagraj. The Deputy District Magistrate appeared with an affidavit stating that the temporary structure erected by the encroacher, Vijay Kumar, had been removed, but a permanent encroachment remains under a pending case (Case No. T202602030211761) filed under Section 67(1) of the U.P. Revenue Code, 2006. The Court examined the affidavit and noted that the revenue authorities had already acted on the temporary encroachment. Consequently, the Court disposed of the writ petition, directing the Tehsildar of Phoolpur to decide the pending revenue case in accordance with law after hearing all parties within three months, and exempted the Deputy District Magistrate from personal appearance.

Issues considered

Whether the respondents should be directed to remove the encroachment on Plot No. 640.
Whether the Tehsildar should be ordered to decide the pending revenue case under Section 67(1) of the U.P. Revenue Code, 2006 within a specified time.

Legislation cited

U.P. Revenue Code, 2006 — s. 67(1)

Subjects

encroachment
public interest litigation
revenue law
Section 67
U.P. Revenue Code
Allahabad High Court
writ petition

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 3985 of 2025

Vinay Kumar
.....Petitioner(s)
Versus

State Of U.P. And 4 Others
.....Respondent(s)

Counsel for Petitioner(s) : Dharmendra Singh
Counsel for Respondent(s) : Anil Kumar Mishra, Azad Rai, C.S.C.,
Santosh Mani Shukla

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

1. Heard Sri Dharmendra Singh, learned counsel for the petitioner;
learned Standing Counsel for the respondent nos. 1 to 4 and Sri Azad Rai
for the respondent no. 5.

2. The present petition has been filed seeking a direction to the respondent
nos. 2 to 4 to ensure that the encroachment made over Plot No. 640, area
0.840 hectare, recorded as Navin Parti in the relevant revenue records,
relating to Village Hansrajpur Nandaut, Tehsil Phoolpur, District
Prayagraj, be removed.

3. In compliance of the direction of this Court dated 27.04.2026, the
Deputy District Magistrate, Phoolpur, District Prayagraj, is present in
Court alongwith his personal affidavit, explaining the queries raised by
this Court in its order dated 27.04.2026.

4. A perusal of the aforesaid affidavit shows that a temporary construction
raised by the encroacher, namely Vijay Kuamr, has been removed by him,
on the directions of the revenue authorities. Regarding the permanent
encroachment, still existing, Case No. T202602030211761 has been
registered against him, under Section 67(1) of the U.P. Revenue Code,
2006.

5. In view of the aforesaid, the present writ petition is disposed of with the
direction to the respondent no. 4, Tehsildar Phoolpur, District Prayagraj,
to decide the aforesaid case, in accordance with law, after hearing all the
WPIL No. 3985 of 2025
2

concerned parties, within a period of three months, from today.

6. The personal appearance of the Deputy District Magistrate, Phoolpur,
District Prayagraj, is exempted.

(Arun Kumar,J.)
May 5, 2026
Ranjeet Sahu

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

Continue reading with your account

Checking your session…