Sumit Tomar Vs State of U.P and 12 Others — Allahabad HC (2026) — LawSathi Research

Sumit Tomar Vs State of U.P and 12 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of; no further enquiry directed at this stage; petitioner at liberty to move an appropriate application under Section 67 of the U.P. Revenue Code, 2006 for removal of illegal encroachments; personal appearance of the Deputy District Magistrate, Gabhana, District Aligarh exempted.

Issue for consideration

Whether a direction should issue to respondent nos. 3 & 4 to ensure removal of the alleged illegal encroachment by respondent nos. 5 to 7 over Plot Nos. 524 & 525, recorded as Banjar and Pokhar in the revenue records, relating to Village Deta Khurd, Tehsil Gabhana, District Aligarh.

Court's answer

The Lekhpal report relied on by the petitioner, not having been filed through an affidavit, cannot be considered for deciding the petition; there is no other reason to disbelieve the personal affidavit of the Deputy District Magistrate that Plot Nos. 524 and 525 are vacant on the spot and that no encroachment was found upon the land in dispute.

Ratio / Principle

No further enquiry is required to be directed in the writ petition at this stage; if not satisfied with the affidavit of the Deputy District Magistrate, Gabhana, the petitioner is at liberty to move an appropriate application under Section 67 of the U.P. Revenue Code, 2006 for removal of illegal encroachments.

Key takeaways

The petition is disposed of and the personal appearance of the Deputy District Magistrate, Gabhana, District Aligarh is exempted.ratio¶18

Detailed headnote1 paragraphs

PIL (Allahabad High Court, Arun Kumar, J.) seeking removal of alleged encroachment by respondent nos. 5 to 7 over Plot Nos. 524 & 525 (recorded as Banjar and Pokhar), Village Deta Khurd, Tehsil Gabhana, District Aligarh. Pursuant to the Court's order dated 8.4.2026, the Deputy District Magistrate, Gabhana filed a personal affidavit that the plots were measured by the Revenue Team and found free from all encroachments, vacant and filled with water; against the occupant of Plot No. 523 (Manure Pit), one Shivkumar, proceedings under S.67(1), U.P. Revenue Code, 2006 are pending before the Tehsildar Gabhana (Case No. 11575 of 2025, Gram Sabha Vs. Shivkumar). The petitioner's contrary Lekhpal report (based on an IGRS complaint, alleging 15-year-old houses on Plot No. 524) was not supported by an affidavit and could not be considered. No further enquiry was directed at this stage; the petitioner was left at liberty to move an application under S.67, U.P. Revenue Code, 2006 for removal of encroachments. Petition disposed of; personal appearance of the DDM exempted.

HIGH COURT OF JUDICATURE AT ALLAHABAD

PUBLIC INTEREST LITIGATION (PIL) No. - 4051 of 2025

Sumit Tomar

.....Petitioner(s)

Versus

State Of U.P And 12 Others	.....Respond
Counsel for Petitioner(s)	: Kavish Suhail
Counsel for Respondent(s)	: C.S.C., Krishna Kant Singh

.....Respondent(s)

Court No. - 55

HON'BLE ARUN KUMAR, J.

Heard Sri Kavish Suhail, learned counsel for the petitioner; learned Standing Counsel for the respondent nos. 1 to 4 and Sri Krishna Kant Singh, learned counsel for the respondent no. 13.

The present petition has been filed seeking a direction to the respondent nos. 3 & 4 to ensure that the illegal encrochment made by respondent nos. 5 to 7 over Plot No. 524 & 525, recorded as Banjar and Pokhar in the relevant revenue records, relating to Village Deta Khurd, Tehsil Gabhana, District Aligarh.

In pursuance of the direction of this Court contained in the order dated 8.4.2026, the Deputy District Magistrate, Gabhana, District Aligarh has filed his personal affidavit stating that Plot Nos. 524 and 525 recorded as Banjar and Pokhar were measured by the Revenue Team and found them to be free from all encroachments. Over Plot No. 523, recorded as Manure Pit, one Shivkumar was found in illegal occupation, against him proceedings under Section 67(1) of the U.P. Revenue Code, 2006, have been initiated, which are pending before the Tehsildar Gabhana and registered as Case No. 11575 of 2025, Computerized Case No. T202518020411575 (Gram Sabha Vs. Shivkumar).

On the other hand, learned counsel for the petitioner by placing a report prepared by the Lekhpal pursuant to an IGRS Complaint, has tried to contend that over Plot No. 524, houses have been constructed, which are in existence from 15 years. As the said report has not been filed through

WPIL No. 4051 of 2025

2

an affidavit, it cannot be considered for the purposes of deciding the present petition. There is no other reason to disbelieve the personal affidavit filed by the Deputy District Magistrate, who in paragraph 12 of his personal affidavit has categorically stated that Plot No. 524 and 525 are vacant on the spot and filled with water. It is further stated that no encroachment was found upon the land in dispute.

In view of the above, no further enquiry is required to be directed in the present writ petition, at this stage. However, if the petitioner is not satisfied with the affidavit filed by the Deputy District Magistrate, Gabhana, he is at liberty to move an appropriate application, under Section 67 of the U.P. Revenue Code, 2006, for removal of illegal encroachments.

In view of the aforesaid, the present petition is disposed of. The personal appearance of the Deputy District Magistrate, Gabhana, District Aligarh, is exempted.

(Arun Kumar,J.)

April 20, 2026

Ranjeet Sahu

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