HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 4051 of 2025 Court No. - 55 HON'BLE ARUN KUMAR, J. 1. Heard Sri Kavish Suhail, learned counsel for the petitioner; learned Standing Counsel for the respondent nos. 1 to 4 and Sri Krishna Kant Singh, learned counsel for the respondent no. 13. 2. The present petition has been filed seeking a direction to the respondent nos. 3 & 4 to ensure that the illegal encrochment made by respondent nos. 5 to 7 over Plot No. 524 & 525, recorded as Banjar and Pokhar in the relevant revenue records, relating to Village Deta Khurd, Tehsil Gabhana, District Aligarh. 3. In pursuance of the direction of this Court contained in the order dated 8.4.2026, the Deputy District Magistrate, Gabhana, District Aligarh has filed his personal affidavit stating that Plot Nos. 524 and 525 recorded as Banjar and Pokhar were measured by the Revenue Team and found them to be free from all encroachments. Over Plot No. 523, recorded as Manure Pit, one Shivkumar was found in illegal occupation, against him proceedings under Section 67(1) of the U.P. Revenue Code, 2006, have been initiated, which are pending before the Tehsildar Gabhana and registered as Case No. 11575 of 2025, Computerized Case No. T202518020411575 (Gram Sabha Vs. Shivkumar). 4. On the other hand, learned counsel for the petitioner by placing a report prepared by the Lekhpal pursuant to an IGRS Complaint, has tried to contend that over Plot No. 524, houses have been constructed, which are in existence from 15 years. As the said report has not been filed through Versus Counsel for Petitioner(s) : Kavish Suhail Counsel for Respondent(s) : C.S.C., Krishna Kant Singh Sumit Tomar .....Petitioner(s) State Of U.P And 12 Others .....Respondent(s) an affidavit, it cannot be considered for the purposes of deciding the present petition. There is no other reason to disbelieve the personal affidavit filed by the Deputy District Magistrate, who in paragraph 12 of his personal affidavit has categorically stated that Plot No. 524 and 525 are vacant on the spot and filled with water. It is further stated that no encroachment was found upon the land in dispute. 5. In view of the above, no further enquiry is required to be directed in the present writ petition, at this stage. However, if the petitioner is not satisfied with the affidavit filed by the Deputy District Magistrate, Gabhana, he is at liberty to move an appropriate application, under Section 67 of the U.P. Revenue Code, 2006, for removal of illegal encroachments. 6. In view of the aforesaid, the present petition is disposed of. The personal appearance of the Deputy District Magistrate, Gabhana, District Aligarh, is exempted. April 20, 2026 Ranjeet Sahu WPIL No. 4051 of 2025 2 (Arun Kumar,J.) Digitally signed by :- RANJEET SAHU High Court of Judicature at Allahabad