Vijendra Singh Vs State of U.P. and 4 Others

Heard Shri Rajesh Kumar Pandey, learned counsel for the applicant/writ petitioner, Shri Rati Bhan Singh, learned counsel for the respondent No. 5 as also Shri Shailesh Srivastava, learned Standing Counsel for the State/respondents and perused the records.

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The instant writ petition styled as a PIL has been filed claiming the following reliefs:-

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"i) issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 4.11.2024 passed by respondent No. 3 in Case No. 5450 of 2024 (Gram Sabha Samara Vs. Chaudhary Charan Singh, Junior High School) under Section 26 of U.P. Revenue Code, in view of public interest.

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ii) issue a writ, order or direction in the nature of mandamus commanding the respondents concerned to conduct fresh and proper inquiry in respect to the unauthorized encroachment of respondent No. 5 upon Public Utility Land being Gata No. 440 (area 0.0720 hectare), which is recorded as Public way in village Samara, Tehsil Kirawali, District Agra.

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iii) issue any other writ, order or direction in favour of the petitioner, which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case.

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vi) Award the cost of writ petition throughout to the petitioner."

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The instant writ PIL is a sequel to the earlier Writ PIL No. 1675 of 2024 (Vijendra Singh versus State of U.P. and 4 others), which was finally disposed of vide order dated 2.9.2024 with a direction to the petitioner to move an application under Section 26 of the U.P. Revenue Code, 2006 within a period of two weeks before the respondent concerned, who in turn was directed to register a case and make all endeavour to conclude the proceedings after taking into consideration the earlier reports submitted by the authorities within a period of two months strictly, in accordance with law.

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Learned counsel for the writ petitioner submits that in flagrant disregard to the directions contained in the order dated 2.9.2024 and ignoring the earlier reports, an order has been passed on 4.11.2024 by the Tehsildar concerned stating that no encroachment over Gata No. 440 area 0.072 hectares recorded as Rasta, in the revenue records has been made and the Rasta is clear from any encroachment. Learned counsel for the writ petitioner has placed reliance upon some photographs annexed as Annexure-10 to the writ PIL to substantiate the plea.

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Shri Shailesh Srivastava, learned Standing Counsel appearing for the State/respondents has opposed the writ PIL by placing reliance upon the personal affidavit of the District Magistrate, Agra arrayed as respondent No. 2 to submit that the order dated 2.9.2024 passed by this Court in the earlier writ PIL No. 1675 of 2024 was complied with in letter and spirit and after registering a case under Section 26 of the U.P. Revenue Code,2006, considering the existing reports and also calling for a fresh report, the Tehsildar has passed the order dated 4.11.2024 recording the finding that no encroachment exists over the Gata in question. Shri Shailesh, further submits that if the writ petitioner has any further grievance, he may challenge the order of the Tehsildar dated 04.11.2024 in appropriate proceedings and the writ PIL is not the panacea for the grievances of the petitioner.

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Shri Rati Bhan Singh, learned counsel for the private respondent No. 5 has also vehemently opposed the writ PIL and adopted the submissions of

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the learned Standing Counsel.

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I have heard the respective counsels for the parties and have also gone through the order dated 4.11.2024 of the Tehsildar.

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Perusal of the records reveals that the writ petitioner in compliance of the order dated 2.9.2024 passed in writ PIL No. 1675 of 2024 approached the Tehsildar under Section 26 of the U.P. Revenue Code, 2006 by way of application dated 13.9.2024. The Tehsildar registered Case No. T2024010405450 (Gram Sabha versus Chaudhary Charan Singh Junior High School through its Manager, Malwati Devi). The Tehsildar, Kerawali/respondent No. 3 after affording opportunity of hearing to the parties found that there were two conflicting inquiry reports, which were relied upon by the writ petitioner and the Institution. The Tehsildar constituted a Revenue Team and got fresh inquiry conducted in the presence of the representatives of the writ petitioner and the institution as also other prominent person of the village. The said inquiry was conducted on 22.10.2024 and it was found that Gata No. 440 area 0.0720 hectares currently recorded as Rasta is vacant and there exists no encroachment of any kind over it.

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The records further reveal that yet another spot inspection was carried out on 19.3.2025 by the Tehsildar which revealed that Gata No. 440 area 0.0720 is vacant and free from encroachment of any kind. Then again, in compliance of the order of this Court dated 24.3.2025, the District Magistrate, Agra passed an order dated 29.3.2025 constituting a three member Committee consisting of ADM (Admn.), Agra, Deputy Collector, Agra and Tehsildar, Kheragarh, Agra, which committee inquired into the matter and submitted its report dated 1.4.2025 together with photographs of the spot with the finding that Rasta No. 440/0.072 hectare situate at the North side of Gata No. 439 recorded as Sankramaniya Bhumidhar is vacant on the spot and there is no encroachment of Chaudhary Cahran Singh Junior High School, Samara. Western part of the Gata No. 440 partly exists as ' Talab '.

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In view of the above, the Court is of the opinion that the instant writ PIL has served its purpose. If the petitioner has any grievance against the

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order dated 4.11.2024 of the Tehsildar, it shall be open for him to initiate appropriate proceedings against the said order.

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Consigned to records.

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(Ashutosh Srivastava,J.) February 19, 2026