Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 2260 of 2025 Court No. - 34 HON'BLE ROHIT RANJAN AGARWAL, J.
1. This writ petition has been filed with the following prayers:-
"(1) issue a writ, order or direction in the nature of mandamus commanding to the respondents no. 1, 2 and 3 to removal of illegal encroachment made by respondent no.4, 5 and 6 over the Gata No. 199 (old no. 122) area 0.97 hector situated in gram Khedakikhadan Tahasil Dhanaura, District- Amaroha. (II) issue a writ order or direction in the nature of mandamus commanding to decide complaint dated 13/05/2025 pending before respondent no.2."
2. Learned counsel for the petitioner contends that the private respondents have encroached upon the land of Gaon Sabha and the said encroachment needs to be removed. He further submits that the land under Section 9 has been settled as road, and it cannot be allotted to the private respondents. 3. On the contrary, learned counsel appearing for private respondents no.4 to 6 submits that proceedings for cancellation of allotment made in favour of private respondents were initiated under Section 198(4) of U.P.Z.A. & L.R. Act. The application moved was rejected and thereafter the revision filed was also dismissed. The matter regarding cancellation of lease granted in favour of private respondents was challenged before this Court through Writ-C No.41116 of 2024 which was dismissed on 17.07.2025, Versus Counsel for Petitioner(s) : Nagendra Nath Mishra, Nitya Nand Mishra Counsel for Respondent(s) : Arun Kumar Pandey, C.S.C., Sunil Kumar Naresh Singh .....Petitioner(s) State Of U.P. And 6 Others .....Respondent(s)
and the allotment so made in favour of private respondents was confirmed. 4. I have heard respective counsel for the parties and perused the material on record. 5. It is an admitted case that proceedings for cancellation of allotment made in favour of private respondents have been approved in favour of private respondents and the writ petition filed against the order passed by the revenue authorities was challenged before this Court through Writ-C No.41116 of 2024, which was dismissed on 17.07.2025 and following order was passed:-
"1. From perusal of the material on record, it transpires that petitioners are seeking cancellation of approval of lease granted in favour of private respondents. 2. No case for interference is made out. 3. Writ petition is misconceived and stands dismissed."
6.
Once, the allotment made in favour of private respondents no.4 to 6 has been confirmed by the order of this Court, case for removing the alleged encroachment is not maintainable and the prayers made in the writ petition cannot be granted. 7. Writ petition is misconceived and stands dismissed. September 4, 2025 SK Goswami WPIL No. 2260 of 2025 2 (Rohit Ranjan Agarwal,J.) Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad