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2025 DAILYLAW 2568 (ALL)

CHHOTELAL PATEL v. STATE OF U.P. AND 4 OTHERS

WPIL/3939/2025 · 2026-05-14

Arun Kumar

Public Interest Litigationbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 3939 of 2025 Court No. - 55 HON'BLE ARUN KUMAR, J. 1. Heard Sri Ravi Prakash, holding brief of Sri Pradeep Kumar, learned counsel for the petitioner, learned Standing Counsel for the State respondents and Sri Sudhir Bharti, learned counsel for the respondent Gaon Sabha. 2. The present petition has been filed seeking a direction to the respondent authorities to ensure removal of illegal encroachment made by encroachers/private respondents over plot no.287 area 0.4490 hectare recorded as Khalihan in the relevant revenue records relating to Village Gaunariya Raja, Tehsil Sadar, District Maharajganj. 3. In pursuance of the direction of this Court, the instruction dated 28.01.2026, sent by the Tehsildar, Sadar, Maharajganj, has been placed before the Court by learned Standing Counsel, which is taken on record. 4. Perusal of the aforesaid instruction shows that on the northern side of plot no.287 there exists house of petitioner and land appurtenant to it, alongwith village Abadi. On the southern side, the plot in question is surrounded by the bhumidhari land of villagers, who have raised their construction and are residing in it. Even though, demand has been raised by the villagers for construction of pathway (Khadanja) on the said plot but the said work was stopped and at present, there is no construction going on over the plot in question. 5. Perusal of the writ petition shows that petitioner is aggrieved by the decision of the villagers for construction of road on the plot no.287. The Versus Counsel for Petitioner(s) : Piyush Patel, Pradeep Kumar Counsel for Respondent(s) : C.S.C., Sudhir Bharti Chhotelal Patel .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) petitioner by the present PIL is challenging the decision of the Land Management Committee for construction of pathway on the periphery of plot no.287. The averments made in the writ petition are not based upon any resolution of the Gaon Sabha but appears to be on the basis of conjectures. 6. In view of the aforesaid, there is no good ground to disbelieve the instruction sent by the concerned Tehsildar stating that at present, no construction is going on over plot no.287 recorded as Khalihan. 7. The present petition is, accordingly, dismissed as having become infructuous. May 15, 2026 Ashok Kr. WPIL No. 3939 of 2025 2 (Arun Kumar,J.) Digitally signed by :- ASHOK KUMAR High Court of Judicature at Allahabad