Mustakeem vs State of U.P. and 4 Others — Allahabad HC (2026) — LawSathi Research

Mustakeem vs State of U.P. and 4 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim relief only: operation and effect of the impugned orders dated 18.06.2025 and 28.08.2025 stayed till the next date of listing (09.03.2026); petitioner restrained from making new construction on the spot or creating third-party rights; respondents granted four weeks to file counter affidavit and petitioner two weeks thereafter for rejoinder; matter connected with Writ C No.40488 of 2025 (Naseer vs. State of U.P. and 4 others). Merits left open - 'Matter requires consideration'.

Issue for consideration

Whether the eviction orders dated 18.06.2025 (Tehsildar, Saharanpur, Case No.5446 of 2022) and dated 28.08.2025 (Additional Collector (Judicial), Case No.3692 of 2025) evicting the petitioner from Khasra No.49 (area 0.003429 hectare) and imposing penalty of Rs.23,000/- and execution fees of Rs.1000/- are illegal and arbitrary. +1 more

Court's answer

As an interim measure, till the next date of listing (09.03.2026), the operation and effect of the impugned orders dated 18.06.2025 and 28.08.2025 shall remain stayed.

Ratio / Principle

During the interregnum, the petitioner is restricted from making any new construction on the spot or from creating any third party right over the same.

Detailed headnote1 paragraphs

Allahabad High Court (Kunal Ravi Singh, J.; order dated January 16, 2026) in WRIT - C No. 41205 of 2025 (Mustakeem v. State of U.P. and 4 others): Writ petition against eviction order dated 18.06.2025 of the Tehsildar, District Saharanpur in Case No.5446 of 2022, confirmed on appeal by the Additional Collector (Judicial), Saharanpur by order dated 28.08.2025 in Case No.3692 of 2025, evicting the petitioner from Khasra No.49 (area 0.003429 hectare) and imposing a penalty of Rs.23,000/- and execution fees of Rs.1000/- in proceedings initiated by notice under Section 67(1) of the U.P. Revenue Code, 2006. Petitioner contended the survey map annexed to the notice denoted no fixed point and violated the survey procedure laid down in Rishi Pal Singh v. State of U.P., 2023 (1) ADJ 154; the State submitted the encroached area stood recorded as 'Jauhad' in revenue records. The Court directed respondents to file counter affidavit within four weeks and rejoinder within two weeks thereafter, connected the matter with Writ C No.40488 of 2025 (Naseer v. State of U.P. and 4 others) and listed it for 09.03.2026. Till then, the operation and effect of both impugned orders stands stayed, and the petitioner is barred from making any new construction on the spot or creating any third-party right over it. Merits expressly kept open ('Matter requires consideration').

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - C No. - 41205 of 2025

Mustakeem

.....Petitioner(s)

Versus

State Of U.P. And 4 Others

.....Respondent(s)

Counsel for Petitioner(s)	: Mohd.	Arif
Counsel for Respondent(s)	: C.S.C.,	Kaushal Kishore Mani

Court No. - 55

HON'BLE KUNAL RAVI SINGH, J.

Heard Sri Mohd. Arif, learned counsel for the petitioner, Sri Azad Rai holding brief of Sri Kaushal Kishore Mani, learned counsel for respondent no.5/Gram Sabha and learned Standing Counsel for the Staterespondents.

The present writ petition has been filed challenging the orders dated 18.06.2025 passed by the Tehsildar, District Saharanpur in Case No.5446 of 2022 as well as order dated 28.08.2025 passed by the Additional Collector (Judicial), Saharanpur in Case No.3692 of 2025, by means of which, an order for eviction has been passed against the petitioner with regard to Khasra No.49 area 0.003429 hectare. Furthermore, a penalty of Rs.23,000/- as well as execution fees of Rs.1000/- has been imposed upon the petitioner. The said order dated 18.06.2025 has been confirmed by the appellate court by means of order dated 28.08.2025.

Learned counsel for the petitioner submits that a bare perusal of the notice issued against the petitioner under Section 67(1) of the U.P. Revenue Code, 2006 would show that the petitioner has allegedly occupied 0.003429 hectare in Khasra No.49 by constructing a permanent house over the alleged encroached area. He has further relied upon the survey map that has been attached along with notice to contend that the survey map is not correctly made as the map does not denote any fixed point, on the basis of which, the said survey was carried out. He further

WRIC No. 41205 of 2025

2

submits that such a survey map is non est as it does not conform to any of the survey rules or procedure as applicable to survey proceedings with regard to revenue proceedings. He has further relied upon the judgment passed in Rishi Pal Singh and others vs. State of U.P. and others; 2023 1 ADJ 154 and has submitted that in the said judgment, detailed procedure has been provided where as to how proceedings under Section 67 are to be carried and as to how the reports as well as survey ought to be done. He submits that there is complete violation of the said order and, as such, the impugned orders are per se illegal and arbitrary.

Per contra, learned Standing Counsel has submitted that the impugned orders do not suffer from any illegality, the encroached area was recorded as " Jauhad " in the revenue records and, as such, the petitioner has no right with regard to the said area.

5. Matter requires consideration.

Respondents are granted four weeks' time to file counter affidavit. Two weeks', thereafter, is granted to the learned counsel for the petitioner to file rejoinder affidavit.

Connect and list this matter on 09.03.2026 along with Writ C No.40488 of 2025; Naseer vs. State of U.P. and 4 others .

Till the next date of listing, the operation and effect of the impugned orders dated 18.06.2025 and 28.08.2025 shall remain stayed. Petitioner is also restricted from making any new construction on the spot or from creating any third party right over the same.

(Kunal Ravi Singh,J.)

January 16, 2026 Priya

Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad