HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW PUBLIC INTEREST LITIGATION (PIL) No. - 144 of 2023 Court No. - 1 HON'BLE RAJAN ROY, J. HON'BLE RAJEEV BHARTI, J. 1. Heard. 2. The petitioner, a Member of the Managing Committee of the School, which exists on Gata no.123 which is recorded as 'Naveen Parti' in the revenue records, has filed this public interest litigation seeking the following reliefs:- "(i) issue a writ, order or direction in the nature of Mandamus commanding the opposite parties to pass an order for demarcation of Gata No.123 save the land after completing the work of boundary wall. (ii) issue a writ, order or direction in the nature of mandamus commanding to opposite party no.2, take appropriate decision/action on representation given by the petitioner, contained as Annexure No.9 to this writ petition. (iii) issue a writ, order or direction in which this Hon'ble Court may deem fit, just and proper in the circumstances of the case. (iv) allow the writ petition with costs." 3. The allegation is of encroachment on 'Naveen Parti' land forming part of gata no.123 by certain builders. The builders/encroachers have not been impleaded herein nevertheless in view of the earlier orders of the Versus Counsel for Petitioner(s) : Prem Chandra Chauhan, Kashi Ram Counsel for Respondent(s) : C.S.C., Dilip Kumar Pandey, Shobhit Mohan Shukla Shobha Kant .....Petitioner(s) State Of U.P. Thru. Prin. Secy. And Revenue U.P. Civil Sectt. Lko. And Others .....Respondent(s) Court, a Commission was appointed and the Commission has submitted its report which is on record. According to the report, the school premises exists on an area of 0.161 hect. The total area of gata no.123 is 0.253 hect. As regards the remaining area of 0.092 hect., the same is outside the boundary wall of the school. An area of 0.076 hect. was found free from encroachment. It is only in respect of an area of 0.016 hect. a house and land appurtenant to it, i.e. sahan of Habib s/o Mohd. Raza was found existing in respect of which proceedings under Section 67 of U.P. Land Revenue Code, 2006 had been lodged and the same are pending. The same is the stand of the State Counsel. 4. According to the instructions of the S.D.M. Mahmoodabad, Sitapur dated 22.02.2023, the boundary wall of the school has been constructed and the proceedings for removal of encroachment on an area measuring 0.016 hect. was already underway. It is said that the same are still pending. 5. The concerned Tehsildar is directed to conclude the said proceedings at the earliest say within three months unless there is any legal impediment. 6. Shri Nishant Shukla, Additional Chief Standing Counsel shall communicate our order to the concerned Tehsildar. 7. We, however, make it clear that none of the observations made herein nor the report of the Commission shall be treated as conclusive proof of any encroachment and this is an issue which will have to be determined in the proceedings under Section 67 of U.P. Revenue Code, 2006 as the aforesaid Commission's report is only to facilitate a prima facie view by this Court and nothing else. 8. With the aforesaid observations, this petition is disposed of. October 29, 2025 Anand/- WPIL No. 144 of 2023 2 (Rajeev Bharti,J.) (Rajan Roy,J.) Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench