Allahabad High Court
SHYAM SINGHversusSTATE OF U.P. AND 9 OTHERS
- Decided
- Bench
- ARUN KUMAR
Holding
The court directed the Tehsildar to decide the pending encroachment case within three months, thereby disposing the writ petition.
Summary
The petitioner filed a public interest litigation seeking a court direction to remove illegal encroachments made by respondents 6 to 10 on Plot Nos. 1367 and 1368 in Village Chaura Bagar Khet, Shahjahanpur. The court examined instructions from the Deputy District Magistrate showing that the plots contain a water tank, a cooperative society godown, a school, a metaled road and some vacant land, and that encroachments have been recorded in a pending case (No.T202612610500755) before the Tehsildar. Noting the pending administrative proceedings, the court declined to order immediate removal but instead directed the Tehsildar to decide the encroachment case after hearing the parties. The court ordered that the decision be rendered within three months of the certified copy of the order. Consequently, the writ petition was disposed with the specific direction to the Tehsildar.
Issues considered
- Whether the High Court can direct the removal of alleged illegal encroachments under a PIL.
- Whether the court should intervene in the pending administrative case before the Tehsildar.
Subjects
- public interest litigation
- illegal encroachment
- land demarcation
- Tehsildar
- Jal Jeevan Mission
- writ petition
- administrative direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 50 of 2026
Shyam Singh
.....Petitioner(s)
Versus
State Of U.P. And 9 Others
.....Respondent(s)
Counsel for Petitioner(s) : Girish Chandra Maurya, Hridaya Lal,
Rajesh Kumar Patel
Counsel for Respondent(s) : C.S.C., Sher Bahadur Singh
Court No. - 55
HON'BLE ARUN KUMAR, J.
1. Heard Sri Rajesh Kumar Patel, holding brief of Sri Girish Chandra
Maurya, learned counsel for the petitioner and learned Standing Counsel
for the respondent nos. 1 to 4. Sri Sher Bahadur Singh 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. 6 to 10 over Plot Nos.1367 area 1.0960 hectare and 1368
area 1.9710 hectare, recorded as Kheda in the relevant revenue records,
relating to Village Chaura Bagar Khet, Tehsil Kalan, District
Shahjahanpur.
3. In pursuance of the direction of this Court, learned Standing Counsel
has placed before the Court the instructions dated 13.2.2026 sent by
Deputy District Magistrate, Tehsil Kalan, District Shahjahanpur, which is
taken on record.
4. Perusal of the aforesaid instructions shows that over Plot Nos.1367 and
1368, there exists a water tank under the Jal Jeevan Mission, Godown of
the Cooperative Society, one Primary and Junior High School building,
metaled road and old Abadi, rest of the area is vacant. After demarcation
of the aforesaid plots, some encroachments were found, pursuant to which
Case No.T202612610500755 was registered against the encroacher,
which is pending consideration before the Tehsildar.
WPIL No. 50 of 2026
2
5. In view of the aforesaid, the present writ petition is disposed of with
direction to the Tehsildar, Tehsil Kalan, District Shahjahanpur to decide
the aforesaid pending case, in accordance with law, after hearing 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
Anil
Digitally signed by :-
ANIL KUMAR PATEL
High Court of Judicature at Allahabad
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