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2025 DAILYLAW 3053 (ALL)

SALATU v. STATE OF U.P. AND 5 OTHERS

WPIL/2955/2025 · 2026-05-04

Arun Kumar

Public Interest Litigationbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 2955 of 2025 Court No. - 55 HON'BLE ARUN KUMAR, J. 1. Heard Sri Chandra Narayan Mishra, learned counsel for the petitioner, learned Standing Counsel for the State respondents, Sri P. K. Gupta, learned counsel for the respondent Gaon Sabha and Sri Vijay Prakash Chaturvedi, learned counsel for the respondent no.6. 2. The present petition has been filed seeking a direction to the respondent authorities to ensure removal of illegal encroachment made by encroacher/private respondent no.6 over plot no.73 area 0.0540 recorded as Rasta and plot no.62 area 0.0950 recorded as Abadi in the relevant revenue records relating to Village Amhawa Khas, Tehsil Dumariyaganj, District Siddharth Nagar. 3. In pursuance of the direction of this Court, the instruction dated 13.03.2026, sent by the Tehsildar, Dumariyaganj, has been placed before the Court, which is taken on record. 4. Perusal of the aforesaid instruction shows that plot no.62, which is recorded as Abadi, is adjacent to plot no.59. The partial encroachment made by the respondent no.6 was got removed and at present movement over plot nos.73 and 59 are without any obstruction. No encroachment exists over the aforesaid plots. 5. Petitioner has filed a supplementary affidavit dated 28.01.2026, annexing photographs showing that building materials have been dumped on the Chak Marg and constructions by the respondent no.6 are in full Versus Counsel for Petitioner(s) : Chandra Narayan Mishra Counsel for Respondent(s) : C.S.C., Pankaj Kumar Gupta, Vijay Prakash Chaturvedi Salatu .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s) swing. 6. The perusal of the aforesaid photographs annexed with supplementary affidavit does not show whether the construction is on the Chak Marg or the Abadi plot, adjacent to it. However, if after removal of encroachment by the revenue team, respondent no.6 has re-encroached on any part of the pathway, the petitioner can approach the appropriate authority under Section 67 of the U.P. Revenue Code, 2006. 7. In view of the aforesaid, no useful purpose would be served in keeping the writ petition pending, which is disposed of with liberty to the petitioner to approach appropriate authority under Section 67 of the Code, 2006, if any fresh encroachment is made by the respondent no.6, according to him, over the land recorded as pathway in the revenue records. May 5, 2026 Ashok Kr. WPIL No. 2955 of 2025 2 (Arun Kumar,J.) Digitally signed by :- ASHOK KUMAR High Court of Judicature at Allahabad