Shambhu Nath vs State of U.P. and 5 Others — Allahabad HC (2026) — LawSathi Research

Shambhu Nath vs State of U.P. and 5 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim directions issued: District Magistrate, Ballia to constitute a Revenue Team under the Deputy District Magistrate, Rasra for demarcation of Plot No. 175Kha and report to the Court by the next date; if encroachment is found over Plot No. 175Kha, encroachers to be evicted and construction of chak road and naali ensured notwithstanding pending map-correction proceedings for Plot No. 176; matter listed on 11.5.2026.

Issue for consideration

Whether respondent no. 6, tenure holder/bhumidhar of adjacent Plot No. 176, could obstruct the ongoing construction of chak road and public drain (naali) over Plot No. 175Kha, recorded as Rahkhor (pathway), on the ground of a discrepancy in the actual area of Plot No. 176.

Court's answer

If the construction of road and naali is within the area of Plot No. 175Kha, any discrepancy in the actual area of Plot No. 176 on the spot would not entitle respondent no. 6 to stop the ongoing construction.

Ratio / Principle

District Magistrate, Ballia (respondent no. 2) directed to constitute a Revenue Team under the supervision of the Deputy District Magistrate, Rasra, for demarcation of Plot No. 175Kha and to submit a report to the Court by the next date fixed.

Key takeaways

If any encroachment is found over Plot No. 175Kha, steps shall be taken for eviction of the encroachers and construction of the chak road and naali shall be ensured; pendency of map-correction proceedings in respect of Plot No. 176 is not an impediment to such construction.ratio¶18

Detailed headnote1 paragraphs

Allahabad High Court (Arun Kumar, J.), PIL No. 943 of 2026, Shambhu Nath v. State of U.P. and 5 Others (decided April 15, 2026): Construction of a chak road and public drain (naali) over Plot No. 175Kha, recorded as Rahkhor (pathway) in Village Dumadad, Tehsil Rasra, District Ballia, was obstructed by respondent no. 6, bhumidhar of adjacent Plot No. 176, who relied on a shortfall in his plotted area discovered in demarcation proceedings under Section 24 of the U.P. Revenue Code, 2006 and had initiated map-correction proceedings. The Court held that if the road and naali are within Plot No. 175Kha, any discrepancy in the actual area of Plot No. 176 does not entitle respondent no. 6 to stop the ongoing construction, and that pendency of the map-correction proceeding is no impediment. The District Magistrate, Ballia was directed to constitute a Revenue Team under the Deputy District Magistrate, Rasra to demarcate Plot No. 175Kha and report to the Court; upon finding encroachment, encroachers are to be evicted and construction ensured. Matter listed on 11.5.2026.

HIGH COURT OF JUDICATURE AT ALLAHABAD

PUBLIC INTEREST LITIGATION (PIL) No. - 943 of 2026

Shambhu Nath

.....Petitioner(s)

Versus

State Of U.P. And 5 Others

.....Respondent(s)

Counsel for Petitioner(s)	: Jay Prakash Gupta
Counsel for Respondent(s)	: C.S.C., Rameshwar Prasad Shukla

Court No. - 55

HON'BLE ARUN KUMAR, J.

Heard Sri Jay Prakash Gupta, learned counsel for the petitioner; learned Standing Counsel for the respondent nos. 1 to 4 and Sri Prem Bahadur Singh holding brief of Sri Rameshwar Prasad Shukla, learned counsel for the respondent no. 5.

It is contended by the learned counsel for the petitioner that over Plot No. 175Kha, recorded as Rahkhor (pathway) in the relevant revenue records, relating to Village Dumadad, Tehsil Rasra, District Ballia, road and public drain is being constructed, which is being obstructed by the respondent no. 6, who is tenure holder of adjacent Plot No. 176.

Sri Chandan Kumar Jaiswal, learned counsel appearing for the respondent no. 6, has filed his vakalatnama today in Court, which is taken on record. He contends that the respondent no. 6 is bhumidhar of Plot No. 176. In demarcation proceedings initiated by him under Section 24 of the U.P. Revenue Code, 2006, it was discovered that the in chak map of the village his bhumidhari plot is shown with less area for which he has already initiated proceedings for correction of map.

A perusal of the record and the averments made in it shows that about 80% work of construction of road and naali is complete and the work has been stopped at plot no. 176. If the construction of road and naali is within the area of Plot No. 175Kha, any discrepancy in the actual area of Plot No. 176, on the spot, would not entitle the respondent no. 6 to stop the ongoing construction of the road and naali.

WPIL No. 943 of 2026

2

In view of the aforesaid, the respondent no. 2, District Magistrate, District Ballia, is directed to constitute a Revenue Team under the supervision of the Deputy District Magistrate, Rasra, District Ballia, for demarcation of Plot No. 175Kha and submit a report to this Court by the next date fixed to show that the construction of chak road and naali is confined within the area of Plot No. 175Kha.

It is made clear that if any encroachment is found over Plot No. 175Kha, steps shall be taken for eviction of the encroachers and the construction of chak road and naali shall be ensured. Pendency of any proceeding for correction of map in respect of Plot No. 176, would not be an impediment in construction of road and naali over Plot No. 175Kha.

List this matter on 11.5.2026.

(Arun Kumar,J.)

April 15, 2026

Ranjeet Sahu

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