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2025 DAILYLAW 2665 (ALL)

MITHILESH KUMAR NISHAD AND ANOTHER v. STATE OF U.P. AND 7 OTHERS

WPIL/3807/2025 · 2026-05-17

Arun Kumar

Public Interest Litigationbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 3807 of 2025 Court No. - 55 HON'BLE ARUN KUMAR, J. 1. Heard Sri Shardendu Mishra, learned counsel for the petitioner, learned Standing Counsel for the State respondent nos.1 to 4 and Sri Amit Gupta, holding brief of Sri B. K. Tripathi, learned counsel for the respondent no.5. 2. The present petition has been filed seeking a direction to the state authorities to remove the encroachment made by encroachers over plot no.2187 recorded as Chak Road and plot no.2185 recorded as Nali in the revenue records relating to Village Uttarganwa, Tehsil Sadar, District Jaunpur. 3. On 08.01.2026, following order was passed: "1. In compliance of the order of this Court dated 11.12.2025, instruction dated 7.1.2026 sent by the Sub-Divisional Officer, Sadar, Jaunpur is taken on record. 2. Mr. Muneshwar Singh, learned Standing Counsel for the State-respondents on the basis of instruction dated 7.1.2026 submitted that no encroachment has been found over the plot in question by the team constituted for demarcation of the plot in question. 3. Learned counsel for the petitioner is disputing the facts mentioned in the instruction dated 7.1.2026. 4. Learned Standing Counsel for the State shall serve the copy of the instruction dated 7.1.2026 upon learned counsel for the petitioner during course of the day. 5. Learned counsel for the petitioner shall file reply to the facts mentioned in the Versus Counsel for Petitioner(s) : Jai Shankar Mishra, Shardendu Mishra Counsel for Respondent(s) : Bhupendra Kumar Tripathi, C.S.C. Mithilesh Kumar Nishad And Another .....Petitioner(s) State Of U.P. And 7 Others .....Respondent(s) instruction dated 7.1.2026 within two weeks. 6. Put up this case as fresh on 29.1.2026." 4. In pursuance of the aforesaid direction, the petitioner has filed his reply against the instruction dated 07.01.2026, in which he has averred that the measurement of the plot nos.2187 and 2185 has not been done according to the procedure prescribed for demarcation by identifying the fix points. It is further stated in para 4 of his reply that Nali and Chak Road might be shown in the chak of other villagers. In para 5, it is also stated that the state respondents have colluded with encroachers to give instruction under pressure and the Gram Pradhan is also protecting the encroachers. 5. On perusal of writ petition, instruction and reply of the petitioner, it is evident that bald and baseless allegations have been made in the representation of the petitioner in respect of encroachments over plot no.2185 and 2187. The objection to the instruction is also vague and not supported by any material evidence. Casting aspersions on state authorities without any material to substantiate allegation amounts to abuse of process of court. 6. In view of the fact that areas of plot no.2187 and 2185 recorded as Chak Road and Nali in the revenue records are free from all encroachments, no further direction is required to be issued in the present PIL. 7. The present petition is, accordingly, dismissed. May 18, 2026 Ashok Kr. WPIL No. 3807 of 2025 2 (Arun Kumar,J.) Digitally signed by :- ASHOK KUMAR High Court of Judicature at Allahabad