Allahabad High Court

SUMIT TOMARversusSTATE OF U.P AND 12 OTHERS

Decided: 19 April 2026
Bench: ARUN KUMAR

Holding

The court held that the Deputy District Magistrate’s affidavit establishing the plots as vacant and unencumbered was conclusive, and therefore dismissed the petition.

Summary

In PIL No. 4051 of 2025, petitioner Sumit Tomar sought a court direction to respondents 3 and 4 to remove alleged illegal encroachments by respondents 5‑7 on Plot Nos. 524 and 525 (recorded as Banjar and Pokhar) in Village Deta Khurd, Aligarh. The Deputy District Magistrate filed an affidavit stating that the plots were vacant, water‑filled and free of encroachments, while the petitioner relied on a Lekhpal report alleging houses had stood there for 15 years. The Court held that the report, not filed as an affidavit, could not be considered and found no reason to doubt the Deputy Magistrate’s sworn statement. Consequently, no further enquiry was ordered and the petitioner was advised to move an application under Section 67 of the U.P. Revenue Code, 2006, if dissatisfied. The petition was therefore disposed.

Issues considered

Whether the court should direct the removal of alleged illegal encroachments on Plot Nos. 524 and 525.
Whether a Lekhpal report not filed as an affidavit is admissible for deciding the petition.
Whether further enquiry into the alleged encroachments is required.

Legislation cited

U.P. Revenue Code, 2006 — s. 67, 67(1)

Subjects

public interest litigation
encroachment
revenue law
banjar land
pokhar land
affidavit
Section 67
Uttar Pradesh
land dispute

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 4051 of 2025

Sumit Tomar
.....Petitioner(s)
Versus

State Of U.P And 12 Others
.....Respondent(s)

Counsel for Petitioner(s) : Kavish Suhail
Counsel for Respondent(s) : C.S.C., Krishna Kant Singh

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

1. Heard Sri Kavish Suhail, learned counsel for the petitioner; learned
Standing Counsel for the respondent nos. 1 to 4 and Sri Krishna Kant
Singh, learned counsel for the respondent no. 13.

2. The present petition has been filed seeking a direction to the respondent
nos. 3 & 4 to ensure that the illegal encrochment made by respondent nos.
5 to 7 over Plot No. 524 & 525, recorded as Banjar and Pokhar in the
relevant revenue records, relating to Village Deta Khurd, Tehsil Gabhana,
District Aligarh.

3. In pursuance of the direction of this Court contained in the order dated
8.4.2026, the Deputy District Magistrate, Gabhana, District Aligarh has
filed his personal affidavit stating that Plot Nos. 524 and 525 recorded as
Banjar and Pokhar were measured by the Revenue Team and found them
to be free from all encroachments. Over Plot No. 523, recorded as Manure
Pit, one Shivkumar was found in illegal occupation, against him
proceedings under Section 67(1) of the U.P. Revenue Code, 2006, have
been initiated, which are pending before the Tehsildar Gabhana and
registered as Case No. 11575 of 2025, Computerized Case No.
T202518020411575 (Gram Sabha Vs. Shivkumar).

4. On the other hand, learned counsel for the petitioner by placing a report
prepared by the Lekhpal pursuant to an IGRS Complaint, has tried to
contend that over Plot No. 524, houses have been constructed, which are
in existence from 15 years. As the said report has not been filed through
WPIL No. 4051 of 2025
2

an affidavit, it cannot be considered for the purposes of deciding the
present petition. There is no other reason to disbelieve the personal
affidavit filed by the Deputy District Magistrate, who in paragraph 12 of
his personal affidavit has categorically stated that Plot No. 524 and 525
are vacant on the spot and filled with water. It is further stated that no
encroachment was found upon the land in dispute.

5. In view of the above, no further enquiry is required to be directed in the
present writ petition, at this stage. However, if the petitioner is not
satisfied with the affidavit filed by the Deputy District Magistrate,
Gabhana, he is at liberty to move an appropriate application, under
Section 67 of the U.P. Revenue Code, 2006, for removal of illegal
encroachments.

6. In view of the aforesaid, the present petition is disposed of. The
personal appearance of the Deputy District Magistrate, Gabhana, District
Aligarh, is exempted.

(Arun Kumar,J.)
April 20, 2026
Ranjeet Sahu

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

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