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2025 DAILYLAW 1983 (ALL)

BABLU KASHYAP v. STATE OF U.P. AND 5 OTHERS

WPIL/3753/2025 · 2026-04-19

Arun Kumar

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 3753 of 2025 Court No. - 55 HON'BLE ARUN KUMAR, J. 1. Heard Sri Santosh Singh, learned counsel for the petitioner; learned Standing Counsel for the respondent nos. 1 to 4 and Sri Sher Bahadur Singh, learned counsel for the respondent no. 5. 2. The present petition has been filed seeking a direction to the respondent nos. 2 to 4 to take necessary action against the respondent no. 6 for removing illegal encroachment over Plot No. 424, area 0.0770 hectare, recorded as Banjar/Naveen Parti in the relevant revenue records, relating to Village Rukanpur (Jalalabad), Tehsil Kalan, District Shahjahanpur. 3. Today when the case was taken up, instructions dated 15.12.2025, received by the learned Standing Counsel form the Deputy District Magistrate, Kalan, Shahjahanpur, has been placed before the Court, which is taken on record. 4. A perusal of the instructions shows that the entry of Banjar and Naveen Parti relating to Plot No. 424 was incorrect, as Plot No. 424 is recorded as Bhumidhari Land of Prabhudayal and others, even in CH Form 45, prepared in consolidation proceedings. The said incorrect entry has been modified and by the order of the Naib Tehsildar, dated 5.12.2025, Khata No. 457 relating to Banjar and Naveen Parti in respect of Plot No. 424 has been expunged. 5. In view of the aforesaid, the causes of action of the present public interest litigation, alleging encroachment over Plot No. 424, which was incorrectly recorded as Banjar/Naveen Parti in the relevant revenue Versus Counsel for Petitioner(s) : Santosh Singh, Vinay Kumar Tiwari Counsel for Respondent(s) : C.S.C., Sher Bahadur Singh Bablu Kashyap .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s) records, ceases to exist. 6. In view of the fact that Plot No. 424 is a private land and not a public utility land, the present public interest litigation, in respect of the said land, is not maintainable. It is, accordingly, consigned to records. April 20, 2026 Ranjeet Sahu WPIL No. 3753 of 2025 2 (Arun Kumar,J.) Digitally signed by :- RANJEET SAHU High Court of Judicature at Allahabad