HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW PUBLIC INTEREST LITIGATION (PIL) No. - 1265 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Vijay Bahadur Yadav, the learned counsel for the petitioner, Shri Pankaj Srivastava, the learned Additional Chief Standing Counsel for the State and Shri Mohan Singh, the learned counsel for the Gaon Sabha. 2. By means of the instant writ petition filed in public interest, the petitioner has sought issuance of a direction for removal of encroachment over the land bearing Gata No.2423 ka measuring area 0.1780 hectare situated at Village- Sonawa (Babhani Payar), Parsa Tiwari, Tehsil- Lambhua, Sultanpur, which is recorded as Banjar land. 3. On the basis of written instructions provided by Tehsildar, Lambhua, Sultanpur, the learned Additional Chief Standing Counsel has informed that there is no encroachment over the aforesaid land gata, however, the instructions do not make a mention that any inspection was carried out before submitting this report. 4. The aforesaid instructions are taken on record. 5. Learned counsel for the Gaon Sabha has opposed the writ petition and he has submitted that although the land bearing Gata No.2423 Ka has been recorded as Banjar, in revenue map, the entire gata 2423 has been shown as minjumla and 2423 ka has not been demarcated in revenue map. Till a demarcation is carried out, it is not possible to remove encroachment from the land. 6. Demarcation of land has to be done in accordance with the provisions Versus Counsel for Petitioner(s) : Vijay Bahadur Yadav, Vijay Kumar Azad Counsel for Respondent(s) : C.S.C., Mohan Singh Srinath .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue U.P. Lko. And 4 Others .....Respondent(s) contained in 30(2) of U.P. Revenue Code 2006. 7. Accordingly, the writ petition is disposed of by issuing a direction that banjar land bearing Gata No.2423 Ka situated at Village- Sonawa (Babhani Payar), Parsa Tiwari, Tehsil- Lambhua, Sultanpur, be demarcated in the revenue map of the village and for this purpose, Lekhpal concerned should furnish a report to the Collector upon which a suitable order shall be passed expeditiously, in accordance with law. After demarcation of the land, in case any encroachment is found on the spot, appropriate proceedings will be instituted in accordance with law. December 15, 2025 -Amit K- WPIL No. 1265 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench