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

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

What the court decided

AI extract

Outcome

Direction to the Tehsildar, Sagadi, Azamgarh to decide pending Case Nos.T202615060702593 and T202615060702594 under Section 67(1) of the U.P. Revenue Code, 2006 in respect of plot no.166, in accordance with law, after hearing all parties concerned, within three months from presentation of a certified copy of the order.

Issue for consideration

Whether the respondent authorities should be directed to ensure removal of illegal encroachment made by encroachers/private respondents over plot no.166, area 0.0770 hectare, recorded as Pond in the revenue records of Village Bagai Mutalka Banhara, Tehsil Sagadi, District Azamgarh.

Court's answer

In respect of the encroachment over the plot in question, proceedings under Section 67(1) of the U.P. Revenue Code, 2006 have been initiated and are pending as Case Nos.T202615060702593 and T202615060702594 before the Tehsildar, Sagadi, Azamgarh.

Ratio / Principle

The present petition is disposed of with direction to the Tehsildar, Sagadi, Azamgarh to decide the aforementioned pending cases under Section 67(1) of the U.P. Revenue Code, 2006 in respect of the plot in question.

Key takeaways

The Tehsildar shall decide the said cases by passing appropriate order, in accordance with law, after hearing all the parties concerned, within a period of three months from the date of presentation of a certified copy of this order.ratio¶15

Detailed headnote1 paragraphs

Public Interest Litigation seeking removal of alleged illegal encroachment over plot no.166 (area 0.0770 hectare) recorded as Pond in the revenue records of Village Bagai Mutalka Banhara, Tehsil Sagadi, District Azamgarh. On instructions of the Tehsildar, Sagadi, Azamgarh dated 02.01.2026, the Court found that proceedings under Section 67(1) of the U.P. Revenue Code, 2006 against the encroachment had already been initiated and were pending as Case Nos.T202615060702593 and T202615060702594 before the Tehsildar. Disposing of the petition, the Court directed the Tehsildar, Sagadi, Azamgarh to decide the said cases in respect of the plot in question by passing appropriate order, in accordance with law, after hearing all parties concerned, within three months from presentation of a certified copy of the order.

HIGH COURT OF JUDICATURE AT ALLAHABAD

PUBLIC INTEREST LITIGATION (PIL) No. - 3952 of 2025

Umesh Yadav

.....Petitioner(s)

	Versus
State Of U.P. And 4 Others	.....Respondent(s)
Counsel for Petitioner(s)	: Amit Kumar Singh
Counsel for Respondent(s)	: C.S.C., Rameshwar Prasad Shukla

Court No. - 55

HON'BLE ARUN KUMAR, J.

Heard Sri Amit Kumar Singh, learned counsel for the petitioner, learned Standing Counsel for the State respondents no.1 to 4 and Sri Prem Bahadur Singh, holding brief of Sri R. P. Shukla, learned counsel for the respondent Gaon Sabha.

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.166 area 0.0770 hectare recorded as Pond in the relevant revenue records relating to Village Bagai Mutalka Banhara, Tehsil Sagadi, District Azamgarh.

In pursuance of the direction of this Court, the instruction dated 02.01.2026, sent by the Tehsildar, Sagadi, Azamgarh has been placed before the Court, which is taken on record.

Perusal of the aforesaid instruction shows that in respect of encroachment made by the encroachers over the plot in question, proceedings under Section 67(1) of the U.P. Revenue Code, 2006 have been initiated, which are registered as Case Nos.T202615060702593 and T202615060702594 before the Tehsildar, Sagadi, Azamgarh and are pending.

In view of the aforesaid, the present petition is disposed of with direction to the Tehsildar, Sagadi, Azamgarh to decide the aforementioned cases under Section 67(1) of the U.P. Revenue Code, 2006, pending before him, in respect of plot in question, by passing

WPIL No. 3952 of 2025

2

appropriate order, in accordance with law, after hearing all the parties concerned, within a period of three months from the date of presentation of a certified copy of this order.

(Arun Kumar,J.)

May 7, 2026 Ashok Kr.

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