Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 52 of 2026 Court No. - 55 HON'BLE ARUN KUMAR, J.
1. Heard Sri Arvind Sen Gupta, learned counsel for the petitioner and learned Standing Counsel for the respondent nos.1 to 3. Sri Sher Bahadur Singh has accepted notice on behalf of respondent no.4.
2. The present writ petition has been filed seeking a direction to the respondent nos.2 to 4 to remove the illegal encroachment made by respondent no.5 over Plot No.287 area 0.063 hectare, recorded as Pond in the relevant revenue records, relating to Village Bhaua Bazar, Tehsil Nawabganj, District Bareilly.
3. In pursuance of the direction of this Court, learned Standing Counsel has placed before the Court the instructions dated 8.4.2026 sent by Deputy District Magistrate, Tehsil Nawabganj, District Bareilly, which is taken on record.
4. Perusal of the aforesaid instructions shows that in proceedings under Section 161 of the U.P.Z.A.& L.R. Act, 1950 by the order of the Sub- Divisional Magistrate dated 20.2.2015, Plot No.287 was exchanged with Bhumidhari plot of respondent no.5 bearing Plot No.166 area 0.084 hectare. The said order is still in force. Over the exchanged plot, the respondent no.5 has constructed his house in which he is residing and over Plot No.166 area 0.084 hectare Pond exists as on date.
5. In view of the aforesaid, the present writ petition has been filed on misconceived grounds in ignorance of the orders passed by the revenue authorities in respect of Plot No.287. Versus Counsel for Petitioner(s) : Arvind Sen Gupta Counsel for Respondent(s) : C.S.C., Sher Bahadur Singh Chheda Lal .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s)
6. The writ petition being misconceived is, accordingly, dismissed. May 7, 2026 Anil WPIL No. 52 of 2026 2 (Arun Kumar,J.) Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad