Mahesh Pal vs State of U.P. and 8 Others — Allahabad HC (2026) — LawSathi Research

Mahesh Pal vs State of U.P. and 8 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Disposed

Issue for consideration

Whether respondent nos.7 to 9 have encroached upon plot no.65, recorded as a public pathway in the revenue records of Village Kuhera, Tahsil Gunnaur, District Sambhal, so as to warrant a direction to respondent nos.2 to 5 to remove the encroachment.

Court's answer

Per the instruction dated 26.11.2025 of the Deputy District Magistrate, Gunnaur, plot no.65 (area 0.1800 hectare) is recorded as Chak Marg; adjacent plot no.48 (area 0.392 hectare) belonging to respondent nos.7 to 9 suggests some overlapping; the pathway existing on plot no.65 is free from encroachment and is used by villagers without obstruction; nine eucalyptus trees stand on the plot, for whose removal a letter has been written to the Divisional Forest Officer, Sambhal; thus there is no hindrance in movement over the pathway comprised in plot no.65.

Ratio / Principle

The villagers' application dated 30.07.2002 before the District Magistrate, Budaun and the noting on it dated 06.08.2002 cannot be made the basis for issuing any direction in respect of plot no.65, at this stage, after 24 years.

Key takeaways

If the petitioner finds that encroachment on the public pathway still exists, he is at liberty to move an appropriate application under Section 25/26 of the U.P. Revenue Code, 2000 for eviction of encroachers; any such application will be considered and decided by the authority concerned in accordance with law.obiter¶¶16

Detailed headnote1 paragraphs

PIL by Mahesh Pal seeking a direction to respondent nos.2 to 5 to remove alleged encroachment by respondent nos.7 to 9 over plot no.65 (area 0.1800 hectare), recorded as Chak Marg/public pathway in revenue records of Village Kuhera, Tahsil Gunnaur, District Sambhal. Instruction dated 26.11.2025 of the Deputy District Magistrate, Gunnaur disclosed that the pathway on plot no.65 is free from encroachment and in unobstructed use by villagers; nine eucalyptus trees stand on the plot, for whose removal a letter was written to the Divisional Forest Officer, Sambhal. The Court held that the villagers' application dated 30.07.2002 to the District Magistrate, Budaun and the noting dated 06.08.2002 thereon could not be made the basis for any direction in respect of plot no.65 after 24 years. Petitioner left at liberty to seek eviction of encroachers under Section 25/26 of the U.P. Revenue Code, 2000; writ petition consigned to record.

HIGH COURT OF JUDICATURE AT ALLAHABAD

PUBLIC INTEREST LITIGATION (PIL) No. - 3687 of 2025

Mahesh Pal

.....Petitioner(s)

State Of U.P. And 8 Others

Versus .....Respondent(s)

Counsel for Petitioner(s)	: Chandan Shardendu Kushwaha	Singh, Mishra	Rajiv , Udai	Kumar, Singh
Counsel for Respondent(s)	: Arun Kumar	Pandey,	C.S.C.
Court No.- 55

HON'BLE ARUN KUMAR, J.

Heard Sri Shardendu Mishra, learned counsel for the petitioner and learned Standing Counsel for the respondent nos.1 to 5. Sri Arun Kumar Pandey, Advocate has accepted notice on behalf of respondent no.6.

The present petition has been filed seeking a direction to the respondent nos.2 to 5 to remove the encroachment made by respondent no.7 to 9 over plot no.65 recorded as public pathway in revenue records relating to Village Kuhera, Tahsil Gunnaur, District Sambhal.

By the order of this Court dated 21.11.2025, instructions were called from the learned Standing Counsel. Today, instruction dated 26.11.2025 sent by the Deputy District Magistrate, Gunnaur has been placed before the Court, which is taken on record.

Perusal of aforesaid instruction shows that plot no.65 area 0.1800 hectare is recorded as Chak Marg. However, plot no.48 area 0.392 hectare belonging to respondent no.7 to 9, lies adjacent to plot no.65, as such, there appears to be some overlapping. It is further disclosed that the pathway existing on plot no.65 is free from encroachment and is being used by villagers without any obstruction. Nine eucalyptus trees are standing on plot no.65 and for removing aforesaid trees, a letter has been written to the Divisional Forest Officer, Sambhal for necessary permission. Thus, the aforesaid instruction shows that there is no hindrance in movement over the pathway comprised in plot no.65.

WPIL No. 3687 of 2025

2

However, learned counsel for the petitioner has drawn attention of the Court to the application moved by the villagers before the District Magistrate, Budaun on 30.07.2002, which states that respondent no.7 has dug a permanent foundation on the pathway. On the said application, an order has been passed directing the Revenue Inspector to get the pathway vacated. The said application and noting on it dated 06.08.2002 cannot be made the basis for issuing any direction in respect of plot no.65, at this stage, after 24 years.

However, if the petitioner finds that encroachment on public pathway still exists, he will be at liberty to move appropriate application under Section 25/26 of the U.P. Revenue Code, 2000 for eviction of encroachers. If any such application is filed by the petitioner, it will be considered and decided by the authority concerned, in accordance with law.

In view of the aforesaid, the writ petition is consigned to record.

(Arun Kumar,J.)

April 2, 2026

Ashok Kr.

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