Allahabad High Court
MUSABBAR @ MUSABBIRversusSTATE OF UP AND 3 OTHERS
- Decided
- Bench
- PRAKASH PADIA
Holding
The court held that the Tehsildar must decide the objection filed by the petitioner within four weeks of the order.
Summary
The petitioner, Musabbar, challenged a show‑cause notice issued by the Tehsildar of Sambhal directing him to remove an alleged illegal encroachment on 0.078 hectare of land. The petitioner submitted a written objection on 30‑08‑2025, which was annexed to the writ petition. The Respondent’s Additional Chief Standing Counsel produced instructions dated 09‑02‑2026 indicating that a revenue team had demarcated the land and submitted a report, and that a decision on the objection should be taken promptly. The High Court, considering the facts and the interest of justice, ordered the Tehsildar to decide the petitioner’s objection within four weeks from the date of the order. The order was to be communicated through the District Magistrate, and the writ petition was disposed of finally.
Issues considered
- Whether the Tehsildar must decide the petitioner’s objection to the show‑cause notice within a stipulated period
- Whether the writ petition seeking expeditious disposal of the objection is maintainable
Subjects
- encroachment
- show cause notice
- revenue demarcation
- writ petition
- expeditious decision
- Tehsildar
- land revenue
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 5580 of 2026
Musabbar @ Musabbir
.....Petitioner(s)
Versus
State Of Up And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ajay Singh Sengar
Counsel for Respondent(s) : C.S.C.
Court No. - 6
HON'BLE PRAKASH PADIA, J.
1. A show cause notice dated July, 2025 was issued to the petitioner by
the Respondent No.3 namely Tehsildar, Sambhal, Tehsil and District
Sambhal directing the petitioner to remove the illegal encroachment made
by him over Gata No.645 area 0.078 hectare.
2. It is argued that reply to the aforesaid notice has already been submitted
by the petitioner on 30.08.2025, copy of which is appended as Annexure-
4 to the writ petition.
3. Shri Vijay Shankar, learned Additional Chief Standing Counsel placed
before this Court the instructions dated 09.02.2026 under the signature of
Respondent No.3, the same is taken on record.
4. It is stated in the aforesaid instructions that pursuant to the objections
submitted by the petitioner, a revenue team has already been constituted
for the purpose of demarcation and a report has been submitted by the
aforesaid revenue team. Hence, it is stated that necessary decision be
taken in the matter, expeditiously.
5. In the facts and circumstances of the case and also in the interest of
justice, the present writ petition is disposed of finally directing the
Respondent No.3, Tehsildar, Sambhal, Tehsil and District Sambhal to
decide the objection submitted by the petitioner dated 30.08.2025, most
expeditiously and positively within a period of four weeks from today.
6. Registrar (Compliance) is directed to communicate the copy of this
WRIC No. 5580 of 2026
2
order to the Respondent No.3 namely Tehsildar, Sambhal, Tehsil and
District Sambhal through District Magistrate, Sambhal by Monday next.
(Prakash Padia,J.)
March 18, 2026
Swati
Digitally signed by :-
SWATI PATHAK
High Court of Judicature at Allahabad
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