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2026 DAILYLAW 1608 (ALL)

VIJENDRA NATH GUPTA v. STATE OF U.P. AND 4 OTHERS

WPIL/1266/2026 · 2026-05-17

Arun Kumar

Public Interest Litigationbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 1266 of 2026 Court No. - 55 HON'BLE ARUN KUMAR, J. 1. Heard Sri Lalit Kuma, learned counsel for the petitioner, learned Standing Counsel for the respondent nos.1 to 3 and Sri Sher Bahadur Singh, learned counsel for the respondent no.5. 2. The present writ petition has been filed seeking a direction to the respondent no.2 to remove the illegal encroachment made by respondent no.4 over Plot No.127 area 0.1900 hectare, recorded as Rasta in the relevant revenue records, relating to Village Rampura Sultanpur, Tehsil Faridpur, District Bareilly. 3. Learned Standing Counsel has placed before the Court the instructions dated 5.5.2026 sent by Deputy District Magistrate, Tehsil Faridpur, District Bareilly, which is taken on record. 4. Perusal of the aforesaid instructions shows that Plot No.127 is recorded as Rasta and is covered with bricks. Adjacent Plot No.147 recorded in the name of Jitendra Tomar son of Balveer Singh as Bhumidhari consists of Abadi and Road. The fact is also substantiated by report of Lekhpal dated 2.2.2026 filed as Annexure-5 to the writ petition. The construction raised by respondent no.4 is over Plot No.147, which is his Bhumidhari land. According to the instructions, there is no encroachment over Plot No.127. 5. I have considered the submissions made by learned counsel for the parties and perused the instructions alongwith report of Lekhpal, from which it is evident that a brick road is laid over Plot No.127 and some portion of Plot No.147. The construction raised by respondent no.4 is on Versus Counsel for Petitioner(s) : Lalit Kumar, Nirbhay Kumar Counsel for Respondent(s) : C.S.C., Sher Bahadur Singh Vijendra Nath Gupta .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) his Bhumidhari plot no.147 having no encroachment over plot no.127 recorded as Rasta. 6. In view of the aforesaid, the present petition appears to be misconceived and is, accordingly, dismissed. May 18, 2026 Anil WPIL No. 1266 of 2026 2 (Arun Kumar,J.) Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad