Neutral Citation No. - 2025:AHC:136519-DB Chief Justice's Court Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 570 of 2025 Petitioner :- Rahul Thakur Respondent :- State of U.P. and 9 others Counsel for Petitioner :- Amit Kumar Pandey Counsel for Respondent :- C.S.C., Rajiv Singh (S.C.), Sahab Tiwari, Dharmendra Singh Chauhan, Harsh Vardhan Gupta Hon'ble Arun Bhansali, Chief Justice Hon'ble Kshitij Shailendra, J. 1. This petition, purportedly in public interest, has been filed by the petitioner alleging encroachment over the public land. 2. The Nagar Palika Parishad has put in appearance and indicated that steps have been taken for clearing the encroachment. 3. Thrice time was given for the purpose of ensuring that the encroachment is removed and that the land is protected and thereafter the respondents were directed to file affidavit to indicate the status of the land in question. 4. An affidavit has been filed inter alia giving out details of the land in question and indicating that the encroachment thereon has been cleared. Further indications have been made that as the land in question is being used as a Pathway, the same has been protected from any encroachment, however, the authorities would continue to keep a watch to ensure that no encroachment takes place. 5. On the affidavit being filed, counsel for the petitioner submits that the entire encroachment has not been removed, the respondents have failed to demarcate the land in question, and therefore, the plea raised by way of affidavit cannot be countenanced. 6. Having considered the submissions of the parties, it is apparent that the land in question is Minjumla i.e. the same stands in the names of several persons including the Nagar Nigam and on account of the various constructions standing thereon, the exact distribution of land cannot be ascertained. 7. In view thereof, insofar as the present petition filed under Article 226 of the Constitution of India is concerned, the same cannot be continued for the purpose of seeking a specific distribution of the said Minjumla land in question. If the petitioner continues to have objection pertaining to the same, it is always open for him to take steps in accordance with law by filing appropriate proceedings before the competent court/authority. 8. With the above observations, the petition stands disposed of. Order Date :- 12.8.2025 AHA/Jyotsana (Kshitij Shailendra, J) (Arun Bhansali, CJ) Digitally signed by :- AFZAL HUSAIN ABBASI High Court of Judicature at Allahabad