Allahabad High Court

VIJENDRA SINGHversusSTATE OF U.P. AND 4 OTHERS

Decided: 18 February 2026
Bench: ASHUTOSH SRIVASTAVA

Holding

The Court held that there is no ground to quash the Tehsildar's order and the writ petition has served its purpose.

Summary

The petitioner filed a public interest litigation seeking to quash a Tehsildar's order dated 4 November 2024, which held that no encroachment existed on public utility land (Gata No. 440) in Samara village, and to compel a fresh inquiry under Section 26 of the U.P. Revenue Code. The petition arose from a prior PIL (No. 1675 of 2024) that directed the petitioner to apply under Section 26, which was complied with; the Tehsildar conducted multiple inquiries and spot inspections, all concluding that the land was vacant and free of encroachment. The State argued that the order was in compliance with the earlier court direction and that any further grievance should be pursued in appropriate proceedings. The Court examined the records, noted the consistent findings of no encroachment, and held that the writ petition had served its purpose. Consequently, the Court declined to quash the order and directed the petitioner to approach regular forums for any further relief.

Issues considered

Whether the Tehsildar's order dated 4 November 2024 can be quashed by a writ of certiorari.
Whether the petitioner is entitled to a mandamus directing a fresh inquiry into alleged encroachment on public utility land.
Whether the court should entertain the PIL after the petitioner has complied with the earlier court direction and multiple inquiries have found no encroachment.

Legislation cited

U.P. Revenue Code, 2006 — s. 26

Subjects

public interest litigation
encroachment
public utility land
Section 26
U.P. Revenue Code
writ of certiorari
mandamus
land dispute
Uttar Pradesh

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 553 of 2025

Vijendra Singh
.....Petitioner(s)
Versus

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

Counsel for Petitioner(s) : Rajesh Kumar Pandey
Counsel for Respondent(s) : Avinash Chandra Srivastava, C.S.C.,
Rati Bhan Singh

Court No. - 68
HON'BLE ASHUTOSH SRIVASTAVA, J.

Heard Shri Rajesh Kumar Pandey, learned counsel for the applicant/writ
petitioner, Shri Rati Bhan Singh, learned counsel for the respondent No. 5
as also Shri Shailesh Srivastava, learned Standing Counsel for the
State/respondents and perused the records.

The instant writ petition styled as a PIL has been filed claiming the
following reliefs:-

"i) issue a writ, order or direction in the nature of certiorari quashing the
impugned order dated 4.11.2024 passed by respondent No. 3 in Case No.
5450 of 2024 (Gram Sabha Samara Vs. Chaudhary Charan Singh, Junior
High School) under Section 26 of U.P. Revenue Code, in view of public
interest.

ii) issue a writ, order or direction in the nature of mandamus
commanding the respondents concerned to conduct fresh and proper
inquiry in respect to the unauthorized encroachment of respondent No. 5
upon Public Utility Land being Gata No. 440 (area 0.0720 hectare),
which is recorded as Public way in village Samara, Tehsil Kirawali,
District Agra.

iii) issue any other writ, order or direction in favour of the petitioner,
which this Hon'ble Court may deem fit and proper under the facts and
circumstances of the case.
WPIL No. 553 of 2025
2

vi) Award the cost of writ petition throughout to the petitioner."

The instant writ PIL is a sequel to the earlier Writ PIL No. 1675 of 2024
(Vijendra Singh versus State of U.P. and 4 others), which was finally
disposed of vide order dated 2.9.2024 with a direction to the petitioner to
move an application under Section 26 of the U.P. Revenue Code, 2006
within a period of two weeks before the respondent concerned, who in
turn was directed to register a case and make all endeavour to conclude
the proceedings after taking into consideration the earlier reports
submitted by the authorities within a period of two months strictly, in
accordance with law.

Learned counsel for the writ petitioner submits that in flagrant disregard
to the directions contained in the order dated 2.9.2024 and ignoring the
earlier reports, an order has been passed on 4.11.2024 by the Tehsildar
concerned stating that no encroachment over Gata No. 440 area 0.072
hectares recorded as Rasta, in the revenue records has been made and the
Rasta is clear from any encroachment. Learned counsel for the writ
petitioner has placed reliance upon some photographs annexed as
Annexure-10 to the writ PIL to substantiate the plea.

Shri Shailesh Srivastava, learned Standing Counsel appearing for the
State/respondents has opposed the writ PIL by placing reliance upon the
personal affidavit of the District Magistrate, Agra arrayed as respondent
No. 2 to submit that the order dated 2.9.2024 passed by this Court in the
earlier writ PIL No. 1675 of 2024 was complied with in letter and spirit
and after registering a case under Section 26 of the U.P. Revenue
Code,2006, considering the existing reports and also calling for a fresh
report, the Tehsildar has passed the order dated 4.11.2024 recording the
finding that no encroachment exists over the Gata in question. Shri
Shailesh, further submits that if the writ petitioner has any further
grievance, he may challenge the order of the Tehsildar dated 04.11.2024
in appropriate proceedings and the writ PIL is not the panacea for the
grievances of the petitioner.

Shri Rati Bhan Singh, learned counsel for the private respondent No. 5
has also vehemently opposed the writ PIL and adopted the submissions of
WPIL No. 553 of 2025
3

the learned Standing Counsel.

I have heard the respective counsels for the parties and have also gone
through the order dated 4.11.2024 of the Tehsildar.

Perusal of the records reveals that the writ petitioner in compliance of the
order dated 2.9.2024 passed in writ PIL No. 1675 of 2024 approached the
Tehsildar under Section 26 of the U.P. Revenue Code, 2006 by way of
application dated 13.9.2024. The Tehsildar registered Case No.
T2024010405450 (Gram Sabha versus Chaudhary Charan Singh Junior
High School through its Manager, Malwati Devi). The Tehsildar,
Kerawali/respondent No. 3 after affording opportunity of hearing to the
parties found that there were two conflicting inquiry reports, which were
relied upon by the writ petitioner and the Institution. The Tehsildar
constituted a Revenue Team and got fresh inquiry conducted in the
presence of the representatives of the writ petitioner and the institution as
also other prominent person of the village. The said inquiry was
conducted on 22.10.2024 and it was found that Gata No. 440 area 0.0720
hectares currently recorded as Rasta is vacant and there exists no
encroachment of any kind over it.

The records further reveal that yet another spot inspection was carried out
on 19.3.2025 by the Tehsildar which revealed that Gata No. 440 area
0.0720 is vacant and free from encroachment of any kind. Then again, in
compliance of the order of this Court dated 24.3.2025, the District
Magistrate, Agra passed an order dated 29.3.2025 constituting a three
member Committee consisting of ADM (Admn.), Agra, Deputy Collector,
Agra and Tehsildar, Kheragarh, Agra, which committee inquired into the
matter and submitted its report dated 1.4.2025 together with photographs
of the spot with the finding that Rasta No. 440/0.072 hectare situate at the
North side of Gata No. 439 recorded as Sankramaniya Bhumidhar is
vacant on the spot and there is no encroachment of Chaudhary Cahran
Singh Junior High School, Samara. Western part of the Gata No. 440
partly exists as 'Talab'.

In view of the above, the Court is of the opinion that the instant writ PIL
has served its purpose. If the petitioner has any grievance against the
WPIL No. 553 of 2025
4

order dated 4.11.2024 of the Tehsildar, it shall be open for him to initiate
appropriate proceedings against the said order.

Consigned to records.

(Ashutosh Srivastava,J.)
February 19, 2026
Ravi Prakash

Digitally signed by :-
RAVI PRAKASH
High Court of Judicature at Allahabad

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