Shiv Pratap Singh vs State of U.P. and 5 Others — Allahabad HC (2026) — LawSathi Research

Shiv Pratap Singh vs State of U.P. and 5 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the petitioner to move an appropriate application under Sections 26 and 67 of the Uttar Pradesh Revenue Code, 2006 for eviction of respondent no.6 after the consolidation operation in the village comes to an end; no direction for enquiry or removal of encroachment at this stage.

Issue for consideration

Whether a direction should be issued to respondent no.2 to decide the petitioner's application dated 30.7.2025 seeking removal of encroachment over the chakroad on plot nos. 316 and 314. +1 more

Court's answer

The writ petition is disposed of with liberty to the petitioner to move an appropriate application under Sections 26 and 67 of the Uttar Pradesh Revenue Code, 2006 for eviction of respondent no.6 once the consolidation operation in the village comes to an end.

Ratio / Principle

As consolidation operations are pending pursuant to the notification under Section 4-Ka(2) dated 24.2.2016, no enquiry can be directed at this stage for removing the alleged encroachment made by respondent no.6.

Detailed headnote1 paragraphs

PIL before the Allahabad High Court (Arun Kumar, J.) seeking a direction to respondent no.2 to decide the petitioner's application dated 30.7.2025 for removal of encroachment over a chakroad on plot nos. 316 and 314 by adjacent tenure holders. On instructions of the Deputy District Magistrate, Aliganj (District Etah), it was stated that respondent no.6 had raised pucca construction over Plot No.318, which is chakroad land, but as a notification under Section 4-Ka(2) had been issued in respect of the village on 24.2.2016, no action could be taken till the consolidation operation was over; the petitioner's family members were said to be creating hurdles in the consolidation work. Held: no enquiry can be directed at this stage for removing the alleged encroachment; writ petition disposed of with liberty to the petitioner to move an appropriate application under Sections 26 and 67 of the Uttar Pradesh Revenue Code, 2006 for eviction of respondent no.6 once the consolidation operation in the village comes to an end.

HIGH COURT OF JUDICATURE AT ALLAHABAD

PUBLIC INTEREST LITIGATION (PIL) No. - 3639 of 2025

Shiv Pratap Singh

.....Petitioner(s)

Versus

State Of U.P. And 5 Others	.....Respond
Counsel for Petitioner(s)	: Lavkush Kumar Bhatt
Counsel for Respondent(s)	: C.S.C., Krishna Kant Singh

.....Respondent(s)

Court No. - 55

HON'BLE ARUN KUMAR, J.

Heard Sri Lavkush Kumar Bhatt, learned counsel for the petitioner, learned Standing Counsel for the respondent nos. 1 to 4 and Sri Krishna Kant Singh for the respondent no.5.

The present petition has been filed seeking a direction to the respondent no.2 to decide the application dated 30.7.2025 filed by the petitioner.

Perusal of the prayer of aforesaid representation shows that the chakroad over plot nos.316 and 314 have been encroached by the tenure holders, who have their plots adjacent to it, as such, the villagers are facing great hardships, so the necessary action be taken to get the chakroad free from all encroachments.

On instructions having received from Deputy District Magistrate, Aliganj, Distrit Etah, learned Standing Counsel contends that the respondent no.6 has raised a pucca construction over Plot No.318, which is the land of chakroad. However, as notification under Section 4-Ka(2) has been issued in respect of the village on 24.2.2016, as such, no action can be taken till the consolidation operation is over. It is further evident from the instruction that the family members of the petitioner are creating hurdle in the consolidation work.

In view of the aforesaid, as no enquiry can be directed for removing the alleged encroachment made by the respondent no.6, at this stage, the present writ petition is disposed of with liberty to the petitioner to move an appropriate application under Sections 26 and 67 of Uttar Pradesh

WPIL No. 3639 of 2025

2

Revenue Code, 2006, for eviction of the respondent no.6, once the consolidation operation in the village comes to an end.

(Arun Kumar,J.)

April 23, 2026

Anil

Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad