Allahabad High Court

CHHEDA LALversusSTATE OF U.P. AND 4 OTHERS

Decided: 6 May 2026
Bench: ARUN KUMAR

Holding

The petition is misconceived and is dismissed.

Summary

Chheda Lal filed a public interest litigation seeking a court order directing respondents 2‑4 to remove an alleged illegal encroachment by respondent 5 on Plot No.287, recorded as a pond in Bareilly district. The court examined instructions from the Deputy District Magistrate showing that, under Section 161 of the U.P. Z.A. & L.R. Act, 1950, the Sub‑Divisional Magistrate had ordered on 20‑Feb‑2015 that Plot No.287 be exchanged with respondent 5’s Bhumidhari Plot No.166. That order remains in force, with respondent 5 having built a house on the exchanged plot and the pond now existing on Plot No.166. The court held that the petition was filed on misconceived grounds, being unaware of the valid revenue order, and therefore dismissed it. The dismissal was based on the existence of the lawful land exchange order, rendering the alleged encroachment non‑illegal.

Issues considered

Whether the alleged encroachment on Plot No.287 is illegal in view of the order passed under Section 161 of the U.P. Z.A. & L.R. Act, 1950.

Legislation cited

U.P. Z.A. & L.R. Act, 1950 — s. 161

Subjects

public interest litigation
land encroachment
revenue law
section 161
land exchange
court dismissal

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 52 of 2026

Chheda Lal
.....Petitioner(s)
Versus

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

Counsel for Petitioner(s) : Arvind Sen Gupta
Counsel for Respondent(s) : C.S.C., Sher Bahadur Singh

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

1. Heard Sri Arvind Sen Gupta, learned counsel for the petitioner and
learned Standing Counsel for the respondent nos.1 to 3. Sri Sher Bahadur
Singh has accepted notice on behalf of respondent no.4.

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 no.5 over Plot No.287 area 0.063 hectare, recorded as Pond in
the relevant revenue records, relating to Village Bhaua Bazar, Tehsil
Nawabganj, District Bareilly.

3. In pursuance of the direction of this Court, learned Standing Counsel
has placed before the Court the instructions dated 8.4.2026 sent by
Deputy District Magistrate, Tehsil Nawabganj, District Bareilly, which is
taken on record.

4. Perusal of the aforesaid instructions shows that in proceedings under
Section 161 of the U.P.Z.A.& L.R. Act, 1950 by the order of the Sub-
Divisional Magistrate dated 20.2.2015, Plot No.287 was exchanged with
Bhumidhari plot of respondent no.5 bearing Plot No.166 area 0.084
hectare. The said order is still in force. Over the exchanged plot, the
respondent no.5 has constructed his house in which he is residing and
over Plot No.166 area 0.084 hectare Pond exists as on date.

5. In view of the aforesaid, the present writ petition has been filed on
misconceived grounds in ignorance of the orders passed by the revenue
authorities in respect of Plot No.287.
WPIL No. 52 of 2026
2

6. The writ petition being misconceived is, accordingly, dismissed.

(Arun Kumar,J.)
May 7, 2026
Anil

Digitally signed by :-
ANIL KUMAR PATEL
High Court of Judicature at Allahabad

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