Dismissed¶17

Chhotelal Patel v. State of U.P. and 4 Others

Allahabad HC14 May 2026WPIL/3939/2025

Case brief

AI extract

What is this about?

PIL No. 3939 of 2025, Allahabad High Court, Arun Kumar, J., decided May 15, 2026 — dismissed as infructuous. Keywords: illegal encroachment; plot no.287; 0.4490 hectare; Khalihan; Village Gaunariya Raja; Tehsil Sadar; District Maharajganj; pathway; Khadanja; Land Management Committee; Gaon Sabha resolution; conjectures; Tehsildar instruction dated 28.01.2026; no ongoing construction; bhumidhari land; Abadi.

What did the court decide?

There is no good ground to disbelieve the instruction of the concerned Tehsildar that at present no construction is going on over plot no.287 recorded as Khalihan; consequently the petition has become infructuous. ¶16

Chhotelal Patel Vs State of U.P. and 4 Others — Allahabad HC (2026) — LawSathi Research

¶1

HIGH COURT OF JUDICATURE AT ALLAHABAD

¶2

PUBLIC INTEREST LITIGATION (PIL) No. - 3939 of 2025

¶3

Chhotelal Patel

¶4

.....Petitioner(s)

¶5

	Versus
State Of U.P. And 4 Others	.....Respondent(s)
Counsel for Petitioner(s)	: Piyush Patel, Pradeep Kumar
Counsel for Respondent(s)	: C.S.C., Sudhir Bharti

¶6

Court No. - 55

¶7

HON'BLE ARUN KUMAR, J.

¶8

Heard Sri Ravi Prakash, holding brief of Sri Pradeep Kumar, learned counsel for the petitioner, learned Standing Counsel for the State respondents and Sri Sudhir Bharti, learned counsel for the respondent Gaon Sabha.

¶9

The present petition has been filed seeking a direction to the respondent authorities to ensure removal of illegal encroachment made by encroachers/private respondents over plot no.287 area 0.4490 hectare recorded as Khalihan in the relevant revenue records relating to Village Gaunariya Raja, Tehsil Sadar, District Maharajganj.

¶10

In pursuance of the direction of this Court, the instruction dated 28.01.2026, sent by the Tehsildar, Sadar, Maharajganj, has been placed before the Court by learned Standing Counsel, which is taken on record.

¶11

Perusal of the aforesaid instruction shows that on the northern side of plot no.287 there exists house of petitioner and land appurtenant to it, alongwith village Abadi. On the southern side, the plot in question is surrounded by the bhumidhari land of villagers, who have raised their construction and are residing in it. Even though, demand has been raised by the villagers for construction of pathway (Khadanja) on the said plot but the said work was stopped and at present, there is no construction going on over the plot in question.

¶12

Perusal of the writ petition shows that petitioner is aggrieved by the decision of the villagers for construction of road on the plot no.287. The

¶13

WPIL No. 3939 of 2025

¶14

¶15

petitioner by the present PIL is challenging the decision of the Land Management Committee for construction of pathway on the periphery of plot no.287. The averments made in the writ petition are not based upon any resolution of the Gaon Sabha but appears to be on the basis of conjectures.

¶16

In view of the aforesaid, there is no good ground to disbelieve the instruction sent by the concerned Tehsildar stating that at present, no construction is going on over plot no.287 recorded as Khalihan.

¶17

The present petition is, accordingly, dismissed as having become infructuous.

(Arun Kumar,J.)

May 15, 2026

Ashok Kr.

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

Chhotelal Patel v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

Chhotelal Patel v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Amrjit vs State of U.P. and 6 Others

Arvind Kumar Singh @ Behosh Jaunpuri vs State of U.P. and 8 Others

Rajesh Pratap Singh vs State of U.P. and 5 Others

Mulmul Ram vs State of U.P. and 4 Others

Uma Shankar Rai vs State of Uttar Pradesh and 10 Others

Yogesh Vs State of U.P and 9 Others