Disposed¶16

Shamim and 4 Others v. State of U.P. and 9 Others

Allahabad HC6 May 2026WPIL/3962/2025

Case brief

AI extract

What is this about?

Allahabad High Court, PIL No. 3962 of 2025, Shamim v. State of U.P., decided May 7, 2026 by Arun Kumar, J. Alleged encroachment over graveyard/Kabristan/Hajeera plots (Plot Nos.945, 940, 935, 941/1, 941/2, 941/3, 934) in Village Mujhera, Tehsil Jansath, District Muzaffarnagar. Demarcation reports dated 16.11.2024 and 4.2.2026 and DDM instructions dated 6.2.2026 found no encroachment; no direction issued; writ petition disposed of as infructuous.

What did the court decide?

In view of the demarcation findings that the plots are free from encroachment, no further direction is required to be issued in the present petition. ¶15

Shamim and 4 Others Vs State of U.P. and 9 Others — Allahabad HC (2026) — LawSathi Research

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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PUBLIC INTEREST LITIGATION (PIL) No. - 3962 of 2025

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Shamim And 4 Others

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.....Petitioner(s)

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	Versus
State Of U.P. And 9 Others	.....Respo	ndent(s)
Counsel for Petitioner(s)	: Satyendra Narayan Singh, Kumar Pandey	Sushil
Counsel for Respondent(s)	: Prashant Singh, Raj Deo Singh, Kaushal Kishore Mani	C.S.C.,

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Court No. - 55

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HON'BLE ARUN KUMAR, J.

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Heard Sri Satyendra Narayan Singh learned counsel for the petitioners, learned Standing Counsel for the respondent nos.1 to 4 and Sri Raj Deo Singh, learned counsel for the respondent no.6. Sri Kaushal Kishore Mani has accepted notice on behalf of respondent no.5.

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The present writ petition has been filed seeking a direction to the respondent nos.2 to 4 to remove the illegal encroachment made by respondent nos.7 to 10 over Plot Nos.945, 940, 935, 941/1, 941/2, 941/3 and 934, recorded as Graveyard in the relevant revenue records, relating to Village Mujhera, Tehsil Jansath, District Muzaffarnagar.

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In pursuance of the direction of this Court, learned Standing Counsel has placed before the Court the instructions dated 6.2.2026 sent by Deputy District Magistrate, Tehsil Jansath, District Muzaffarnagar, which is taken on record.

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Perusal of the aforesaid instructions shows that plot nos.945, 941/1, 941/2 and 941/3 is a private land belonging to Anwar Hussain and Jille Husnain sons of Jabbar Hussain. Plot nos.934 area 0.5530 hectare and 935 area 0.3350 hectare are recorded as Kabristan and Plot No.940 area 0.820 hectare is recorded as Hajeera. It is further stated that there is no encroachment over the plots recorded as Kabristan and Hajeera. In pursuance of the order of this Court dated 14.11.2024 passed in earlier PIL No.2187 of 2024, demarcation proceedings were conducted by the

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WPIL No. 3962 of 2025

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revenue team in which a report dated 16.11.2024 was submitted, where no encroachment was found over Plot Nos.934, 935, 940 and 943. In the present demarcation proceeding conducted on 4.2.2026, no illegal possession by any encroacher has been found in the aforesaid plots.

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