Allahabad High Court

AHSAN ALIversusSTATE OF U.P. AND 3 OTHERS

Decided: 6 May 2026
Bench: ARUN KUMAR

Holding

The petition was misconceived, filed in private interest, and therefore dismissed.

Summary

The petitioner sought a direction to restrain the Gram Pradhan from constructing a road over Plot No. 615, recorded as Banjar land in Village Dhaneli, Bareilly, alleging misappropriation of Gaon Sabha funds and lack of public benefit. The respondents produced a Deputy District Magistrate's instruction showing that the land hosts a long‑standing Mazar and that the road construction was approved by the Gaon Sabha through a resolution of the Land Management Committee dated 17‑06‑2025. The petitioner’s brother, a co‑bhumidhar of adjacent Plot No. 617, had previously encroached on Plot No. 615, but the encroachment was removed and the brother was directed to seek demarcation under Section 24 of the U.P. Revenue Code, 2006. The court found no evidence of fund misappropriation and noted that the petition was essentially aimed at protecting the brother’s private interests rather than the villagers’. Consequently, the court dismissed the PIL as misconceived.

Issues considered

Whether the construction of a road over Banjar land (Plot No. 615) should be restrained.
Whether the petition constitutes a genuine public interest litigation or a private interest matter.
Whether there is any misappropriation of Gaon Sabha funds in the road construction.

Legislation cited

U.P. Revenue Code, 2006 — s. 24

Subjects

public interest litigation
banjar land
road construction
misappropriation of funds
Gaon Sabha
encroachment
land demarcation
Uttar Pradesh

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 996 of 2026

Ahsan Ali
.....Petitioner(s)
Versus

State Of U.P. And 3 Others
.....Respondent(s)

Counsel for Petitioner(s) : Deepak Kumar Srivastava, Deepanshi
Srivastava
Counsel for Respondent(s) : C.S.C., Sher Bahadur Singh

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

1. Heard Ms. Deepanshi Srivastava, learned counsel for the petitioner;
learned Standing Counsel for the respondent nos. 1 to 3 and Sri Sher
Bahadur Singh for the respondent no. 4.

2. On 21.04.2026, the following order was passed in the present petition:-

"1. Heard Ms. Deepanshi Srivastava, learned counsel for the petitioner;
learned Standing Counsel for the respondent nos. 1 to 3 and Sri Sher
Bahadur Singh, learned counsel for the respondent no. 4.

2. The present petition has been filed seeking a direction to the respondent
nos. 2 & 3 to restrain the Gram Pradhan of the respondent of 4 from
constructing road over Plot No. 615, recorded as Banjar in the relevant
revenue records, relating to Village Dhaneli, District Bareilly.

3. It is contended by the learned counsel for the petitioner that the
construction of road by the Gram Pradhan over Banjar land is only with
the purpose of misappropriating of the gaon sabha fund and the said road
is not beneficial to any villager. It has been further submitted that
repeated representations have been made by the villagers against the
construction of the said road, as it is not beneficial for them, and that the
said fund should be utilized for other development works.

4. The learned Standing Counsel and the counsel for the respondent no. 4
pray for and are granted two weeks time to seek instructions in the matter.
WPIL No. 996 of 2026
2

5. List this matter again as fresh on 7.5.2026."

3. In compliance of the aforesaid order, instructions dated 04.05.2026,
sent by Deputy District Magistrate, Meerganj, Bareilly, has been placed
before the Court, which is taken on record.

4. A perusal of the aforesaid instructions shows that Plot No. 615,
recorded as Banjar, there exist a Mazar on the north-east side for the last
40 years. The land of Plot No. 615 is being used by the villagers to go to
Mazar. The necessity of construction of CC Road arose, regarding which
the Land Management Committee passed the resolution dated 17.06.2025,
which has been duly approved, pursuant to which, the road is being
constructed.

5. The petitioner is the brother of the co-bhumidhar of Plot No. 617, area
0.3100 hectare. The owners of the aforesaid plot no. 617 had encroached
upon land of plot no. 615 and when proceeding for eviction was carried
out all encroachments were removed. The brother of the petitioner
Hasnain Ali had filed Writ-C No. 11079 of 2026 with a prayer that the
respondents are trying to construct road upon his bhumidhari plot. The
said writ petition was disposed of directing the petitioner of the said writ
petition to move an application under Section 24 of the U.P. Revenue
Code, 2006 for demarcation of his plot no. 617. The construction of the
said road is on Plot no. 615.

6. It has been further submitted that the present writ petition has been
filed in the form of a public interest litigation to stall construction of the
pathway on the banjar plot no. 615, so that the encroachment made by the
brother of the petitioner over plot no. 617 and other co-bhumidhars is not
disturbed.

7. In view of the instructions submitted by the Deputy District Magistrate,
Meerganj, Bareilly, it is evident that the allegation of misappropriation of
gaon sabha fund is not substantiated, as the construction of road is duly
approved by the Gaon Sabha.

8. Learned counsel for the petitioner did not dispute the fact that the
brother of the petitioner is co-bhumidhar of adjacent plot no. 617, and the
WPIL No. 996 of 2026
3

encroachment made by him had been removed earlier.

9. In view of the aforesaid, it is evident that the present writ petition has
been filed more in private interest, than the interest of the villagers. The
present petition being misconceived is, accordingly, dismissed.

(Arun Kumar,J.)
May 7, 2026
Ranjeet Sahu

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

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