Ravindra Singh vs State of U.P. Thru. Prin. Secy. Revenue Lko. and 8 Others — Allahabad HC (2025) — LawSathi Research

Ravindra Singh vs State of U.P. Thru. Prin. Secy. Revenue Lko. and 8 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction issued for demarcation of Gata No.1000 in the village revenue map, via a report by the Lekhpal concerned to the Collector followed by a suitable order expeditiously in accordance with law; if encroachment is found after demarcation, appropriate proceedings are to be instituted in accordance with law; no construction is permitted on the land until demarcation is carried out.

Issue for consideration

Whether encroachment over land bearing Gata No.1000 (kh/kha), Village Manhana Pure Ambar, Police Station and Tehsil Tarabganj, District Gonda should be removed, given that the gata is undemarcated and partly recorded as bhumidar land and partly as Banjar.

Court's answer

The Court disposed of the petition by issuing a direction that land bearing Gata No.1000 at Village Manhana Pure Ambar, Police Station and Tehsil Tarabganj, District Gonda be demarcated in the revenue map of the village (directive begins at ¶14 and is completed at ¶17 after the page break).

Ratio / Principle

For the demarcation, the Lekhpal concerned is to furnish a report to the Collector, upon which a suitable order shall be passed expeditiously, in accordance with law.

Key takeaways

After demarcation of the land, in case any encroachment is found on the spot, appropriate proceedings will be instituted in accordance with law.ratio¶17
Till demarcation is carried out, no construction shall be carried out on the land in question.ratio¶17

Detailed headnote1 paragraphs

PIL/WPIL No. 1266 of 2025 — High Court of Judicature at Allahabad, Lucknow Bench (Court No. 17), Subhash Vidyarthi, J., 15 December 2025. The petitioner sought removal of alleged encroachment over land bearing Gata No.1000 kh (0.093 hectare) at Village Manhana Pure Ambar, Police Station and Tehsil Tarabganj, District Gonda. Per written instructions of the SDM, Tarabganj: Gata No.1000 is a combined (minjumla) gata; Gata No.1000 Ka (0.004 hectare) is recorded in the name of Siyaram and others as Bhoomidars with transferable rights, and 1000 Kha (0.093 hectare) is recorded as Banjar; no demarcation had taken place, the parties had been directed to obtain partition through the Competent Court, and no construction was under way. Disposing of the petition, the Court directed demarcation of Gata No.1000 in the village revenue map — the Lekhpal concerned to furnish a report to the Collector, who is to pass a suitable order expeditiously in accordance with law; if encroachment is found after demarcation, appropriate proceedings will follow; and no construction shall occur on the land until demarcation is complete. No precedent or statutory provision was invoked.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

PUBLIC INTEREST LITIGATION (PIL) No. - 1266 of 2025

Ravindra Singh

.....Petitioner(s)

Versus

State Of U.P. Thru. Prin. Secy. Revenue Lko. And 8 Others

.....Respondent(s) Counsel for Petitioner(s) : Anil Kumar Sharma, Abhishek Kumar Counsel for Respondent(s) : C.S.C., Pankaj Gupta

Court No. - 17

HON'BLE SUBHASH VIDYARTHI, J.

Heard Shri Anil Kumar Sharma, the learned counsel for the petitioner, Shri Rahul Shukla, the learned Additional Chief Standing Counsel for the State and Shri Mohd. Talib Khan, Advocate holding brief of Shri Pankaj Gupta, the learned counsel for the Gaon Sabha.

By means of the instant writ petition filed in public interest, the petitioner has sought issuance of a direction for removal of encroachment over the land bearing Gata No.1000 kh measuring area 0.093 hectare situated at VillageManhana Pure Ambar, Police Station and Tehsil- Tarabbganj, DistrictGonda.

On the basis of written instructions provided by SDM, Tarabganj, Gonda, the learned Additional Chief Standing Counsel has informed that Gata No.1000 is combined (minjumla ) Gata, in which Gata No.1000 Ka measuring 0.004 Hectare is recorded in the name of Siyaram and other as Bhoomidars with transferable rights and 1000 Kha measuring 0.093 Hectare is recorded as Banjar.

No demarcation has taken place regarding land bearing Gata No.1000 till date and the parties have been directed to get the land partitioned by the Competent Court. The instructions state that presently, no construction activity is being carried out on the spot.

Accordingly, the petition is disposed of by issuing a direction that land bearing Gata No.1000 situated at Village- Manhana Pure Ambar, Police Station and Tehsil- Tarabbganj, District- Gonda be demarcated in the

WPIL No. 1266 of 2025

2

revenue map of the village and for this purpose, Lekhpal concerned should furnish a report to the Collector upon which a suitable order shall be passed expeditiously, in accordance with law. After demarcation of the land, in case any encroachment is found on the spot, appropriate proceedings will be instituted in accordance with law. Till demarcation is carried out, no construction shall be carried out on the land in question.

December 15, 2025

-Amit K-

(Subhash Vidyarthi,J.)

Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench