Disposed¶19

Lokesh Singh Patel v. State of U.P. Thru. Secy. Revenue U.P. Lko. and 12 Others

Allahabad HC12 Feb 2026WPIL/109/2026

Case brief

AI extract

What is this about?

Encroachment removal; public land; Rasta; Ghur Gaddha; crop sown on public road/passageway; Plot Nos. 480, 483, 485, 504; Village Rajmalpur; Pargana and Tehsil Patti; Pratapgarh; Collector Pratapgarh; Land Management Committee; Gaon Sabha; S.D.M. Patti written instructions; restoration of public passage; direction to authorities; PIL/WPIL No. 109 of 2026; Subhash Vidyarthi J.; decided 12-02-2026; petition disposed of.

What did the court decide?

Direction issued to opposite party Nos. 2 and 4 (Collector, Pratapgarh and Land Management Committee of Village Rajmalpur) to ensure appropriate action is taken expeditiously, in accordance with law, for removal of encroachment made on the aforesaid land. ¶19

Lokesh Singh Patel vs State of U.P. Thru. Secy. Revenue U.P. Lko. and 12 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a direction should be issued for removal of encroachment made over Plot Nos. 480, 483 (recorded as Rasta) and Plot Nos. 485, 504 (recorded as Ghur Gaddha) situated at Village Rajmalpur, Pargana and Tehsil-Patti, Pratapgarh. +1 more

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Court's answer

The petition was disposed of by issuing a direction to opposite party Nos. 2 and 4 (Collector, Pratapgarh and the Land Management Committee of Village Rajmalpur) to ensure appropriate action is taken expeditiously, in accordance with law, for removal of the encroachment made on the aforesaid land.

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Ratio / Principle

Where it is not disputed that the land encroached upon by making cultivation is a Rasta, the authorities must take action for restoration of the public passage in accordance with law.

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Detailed headnote1 paragraphs

PIL No. 109 of 2026, High Court of Judicature at Allahabad (Lucknow Bench), Subhash Vidyarthi J., decided February 12, 2026 - Encroachment on public land, Village Rajmalpur, Tehsil Patti, Pratapgarh: The petitioner sought a direction for removal of encroachment over Plot Nos. 480 (0.02304 Ha) and 483 (0.0570 Ha), recorded as Rasta, and Plot Nos. 485 (0.00504 Ha) and 504 (0.019 Ha), recorded as Ghur Gaddha. Written instructions of the S.D.M., Patti confirmed a crop stood sown on the public land (measurement difficult) and did not deny the encroachment. Holding that undisputed encroachment of a Rasta by cultivation obliges the authorities to restore the public passage in accordance with law, the court disposed of the petition by directing the Collector, Pratapgarh and the Land Management Committee of Village Rajmalpur to take appropriate action expeditiously, in accordance with law, for removal of the encroachment.

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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PUBLIC INTEREST LITIGATION (PIL) No. - 109 of 2026

Lokesh Singh Patel

.....Petitioner(s)

Versus

State Of U.P. Thru. Secy. Revenue U.P. Lko. And 12 Others .....Respondent(s) Counsel for Petitioner(s) : Rajan Singh Counsel for Respondent(s) : C.S.C., Pankaj Gupta

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Court No. - 17

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HON'BLE SUBHASH VIDYARTHI, J.

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Heard Shri Rajan Singh, the learned counsel for the petitioner, Shri Dheeraj Ojha, the learned Standing Counsel for the State and Shri Mohd. Talib Khan, Advocate holding brief of Shri Pankaj Gupta, the learned counsel for the Gaon Sabha.

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By means of the instant petition filed in public interest, the petitioner has sought issuance of a direction for removal of encroachment made over Plot Nos.480 measuring 0.02304 Hectare, 483 measuring 0.0570 Hectare, which is recorded as Rasta and Plot No.485 measuring 0.00504 hectare, 504 measuring 0.019 Hectare, which is recorded as Ghur Gaddha situated at Village Rajmalpur, Pargana and Tehsil- Patti, Pratapgarh.

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On the basis of written instructions provided by the S.D.M., Patti, Pratapgarh, the learned standing Counsel has informed that presently, a crop has been sown on the public land and, therefore, its measurement is difficult.

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The instructions do not deny that encroachment has been made on public road by sowing crop thereon.

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The written instructions are taken on record.

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The learned counsel for the petitioner submits that previously also, the Rasta in question has been encroached repetitively by sowing crop thereon.

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When it is not disputed that the land which is encroached by making cultivation is a Rasta, the authorities must take action for restoration of

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WPIL No. 109 of 2026

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public passage in accordance with law.

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Accordingly, the instant petition is disposed off by issuing a direction to the opposite party Nos.2 and 4- Collector, Pratapgarh and Land Management Committee of Village- Rajmalpur, Pargana and Tehsil-Patti, Pratagarh respectively, to ensure appropriate action be taken expeditiously, in accordance with law, for removal of encroachment made on the aforesaid land.

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February 12, 2026 -Amit K-

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(Subhash Vidyarthi,J.)

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

Lokesh Singh Patel v. State of U.P. Thru. Secy. Revenue U.P. Lko. and 12 Others

Case brief

What is this about?

What did the court decide?

Lokesh Singh Patel v. State of U.P. Thru. Secy. Revenue U.P. Lko. and 12 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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