Bablu Kashyap vs State of U.P. and 5 Others — Allahabad HC (2026) — LawSathi Research

Bablu Kashyap vs State of U.P. and 5 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Disposed

Issue for consideration

Whether a direction should be issued to respondent nos. 2 to 4 to take necessary action against respondent no. 6 for removing alleged illegal encroachment over Plot No. 424 (area 0.0770 hectare), Village Rukanpur (Jalalabad), Tehsil Kalan, District Shahjahanpur. +1 more

Court's answer

The entry of Banjar and Naveen Parti relating to Plot No. 424 was incorrect: Plot No. 424 is recorded as Bhumidhari Land of Prabhudayal and others even in CH Form 45 prepared in consolidation proceedings, and Khata No. 457 relating to Banjar and Naveen Parti in respect of Plot No. 424 has been expunged by the Naib Tehsildar's order dated 5.12.2025.

Ratio / Principle

The causes of action of the present public interest litigation, alleging encroachment over Plot No. 424, which was incorrectly recorded as Banjar/Naveen Parti in the relevant revenue records, cease to exist.

Key takeaways

Plot No. 424 being a private land and not a public utility land, the present public interest litigation in respect of the said land is not maintainable.ratio¶18

Detailed headnote1 paragraphs

PIL/Writ - Maintainability - Alleged encroachment over private land. The petitioner sought a direction to respondent nos. 2 to 4 to act against respondent no. 6 for removing alleged illegal encroachment over Plot No. 424 (area 0.0770 hectare), recorded as Banjar/Naveen Parti, Village Rukanpur (Jalalabad), Tehsil Kalan, District Shahjahanpur. On instructions of the Deputy District Magistrate dated 15.12.2025, the Court found the revenue entry incorrect: Plot No. 424 stands recorded as Bhumidhari land of Prabhudayal and others even in CH Form 45 of consolidation proceedings, and Khata No. 457 (Banjar/Naveen Parti) was expunged by the Naib Tehsildar's order dated 5.12.2025. The cause of action having ceased, and Plot No. 424 being private land and not public utility land, the PIL was held not maintainable and consigned to records. (Arun Kumar, J.)

HIGH COURT OF JUDICATURE AT ALLAHABAD

PUBLIC INTEREST LITIGATION (PIL) No. - 3753 of 2025

Bablu Kashyap

.....Petitioner(s)

Versus

Counsel for Petitioner(s) State Of U.P. And 5 Others	: Santosh Singh, Vinay Kumar Tiwari .....Respondent(
Counsel for Respondent(s)	: C.S.C., Sher Bahadur Singh

.....Respondent(s)

Court No. - 55

HON'BLE ARUN KUMAR, J.

Heard Sri Santosh Singh, learned counsel for the petitioner; learned Standing Counsel for the respondent nos. 1 to 4 and Sri Sher Bahadur Singh, learned counsel for the respondent no. 5.

The present petition has been filed seeking a direction to the respondent nos. 2 to 4 to take necessary action against the respondent no. 6 for removing illegal encroachment over Plot No. 424, area 0.0770 hectare, recorded as Banjar/Naveen Parti in the relevant revenue records, relating to Village Rukanpur (Jalalabad), Tehsil Kalan, District Shahjahanpur.

Today when the case was taken up, instructions dated 15.12.2025, received by the learned Standing Counsel form the Deputy District Magistrate, Kalan, Shahjahanpur, has been placed before the Court, which is taken on record.

A perusal of the instructions shows that the entry of Banjar and Naveen Parti relating to Plot No. 424 was incorrect, as Plot No. 424 is recorded as Bhumidhari Land of Prabhudayal and others, even in CH Form 45, prepared in consolidation proceedings. The said incorrect entry has been modified and by the order of the Naib Tehsildar, dated 5.12.2025, Khata No. 457 relating to Banjar and Naveen Parti in respect of Plot No. 424 has been expunged.

In view of the aforesaid, the causes of action of the present public interest litigation, alleging encroachment over Plot No. 424, which was incorrectly recorded as Banjar/Naveen Parti in the relevant revenue

WPIL No. 3753 of 2025

2

records, ceases to exist.

In view of the fact that Plot No. 424 is a private land and not a public utility land, the present public interest litigation, in respect of the said land, is not maintainable. It is, accordingly, consigned to records.

(Arun Kumar,J.)

April 20, 2026 Ranjeet Sahu

Digitally signed by :- RANJEET SAHU High Court of Judicature at Allahabad