Bhagauti Prasad and 3 Others vs State of U.P. Thru. Collector Dist. Bahraich and 13 Others — Allahabad HC (2026) — LawSathi Research

Bhagauti Prasad and 3 Others vs State of U.P. Thru. Collector Dist. Bahraich and 13 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with directions: (i) Tehsildar/Assistant Collector to decide the pending recall application within one month of receipt of certified copy unless legally impeded, notice to private respondents dispensed with; (ii) petitioners at liberty to represent to respondent Nos.4 to 6 regarding the alleged sewer construction on Gata No.337 and 157 with the Khatauni annexed, and those respondents to examine and decide the matter before proceeding further.

Issue for consideration

Whether the recall application pending against the order of removal of encroachment dated 09.11.2023 (passed under Section 67, U.P. Revenue Code, 2006) should be disposed of expeditiously by the Tehsildar/Assistant Collector. +1 more

Court's answer

Finding no reason for the recall application to remain pending so long, the Court directed the Tehsildar/Assistant Collector to dispose of the recall application positively within one month of receipt of a certified copy of the order, unless there is any legal impediment; notices to the private respondents were dispensed with as the direction does not prejudice them.

Ratio / Principle

On relief No.2, the petitioners were to approach respondent Nos.4 to 6 with a grievance, annexing the Khatauni and pointing out that the land is category 6-2 land on which a Sewer (Nala) cannot be constructed; if such representation is made, those respondents shall look into the matter and take a decision before proceeding further, failing which, if the sewer is found illegally constructed, consequences will follow in law.

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), WRIT - C No. 665 of 2026, decided January 27, 2026 (Rajan Roy and Abdhesh Kumar Chaudhary, JJ.). The petition concerned (i) a recall application still pending against an order dated 09.11.2023 removing encroachment under Section 67 of the U.P. Revenue Code, 2006, and (ii) alleged construction of a Sewer (Nala) by the Nagar Panchayat on Gata No.337 and 157, claimed to be category 6-2 land. The Court directed the Tehsildar/Assistant Collector to dispose of the recall application within one month of receipt of a certified copy of the order unless legally impeded, dispensing with notice to the private respondents as the direction caused them no prejudice. On the sewer grievance, the petitioners were to approach respondent Nos.4 to 6 with a representation annexing the Khatauni; those respondents were to examine the matter and take a decision before proceeding further, with consequences in law if the sewer were found illegally constructed. Petition disposed of.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

WRIT - C No. - 665 of 2026

Bhagauti Prasad And 3 Others

.....Petitioner(s)

Versus

State Of U.P. Thru. Collector Dist. Bahraich 13 Others	And	.....Respondent(s)
Counsel for Petitioner(s) :	Rajeev	Kumar Singh
Counsel for Respondent(s) :	C.S.C.

Court No. - 1

HON'BLE RAJAN ROY, J. HON'BLE ABDHESH KUMAR CHAUDHARY, J.

Heard Shri Rajeev Kumar Singh, learned Counsel for the petitioners and Shri Raj Baksh Singh, learned Additional Chief Standing Counsel for the State.

The order for removal of encroachment under Section 67 of the U.P. Revenue Code, 2006 was passed on 09.11.2023 against the private respondents as informed by Shri Raj Baksh Singh, learned Additional Chief Standing Counsel for the State. At some subsequent stage, an application for recall was filed which is still pending. The date of filing of recall has not been provided to the Standing Counsel. Next date fixed is 29.01.2026.

We see no reason as to why an application for recall should remain pending for so long. We direct the Tehsildar/Assistant Collector to dispose of the recall application positively within one month of receipt of a certified copy of this order unless there is any legal impediment in this regard. As this order does not prejudice the private respondents in any manner, therefore, notices to them are dispensed with.

As regard relief No.2 relating to construction of a Sewer (Nala) on Gata No.337 and 157. It is alleged that the Nagar Panchayat and its authorities are undertaking construction of the Sewer (Nala). Let the petitioners approach the respondent Nos.4 to 6 raising a grievance in this regard

WRIC No. 665 of 2026

2

annexing the Khatauni pointing out that the land in question is a category 6-2 land and therefore, a Sewer (Nala) cannot be constructed on it. If such a representation is made, the said respondents shall look into the matter and take a decision in this regard before proceeding any further so as to avoid future complications as, ultimately, if it is found that the Sewer (Nala) is being illegally constructed then consequences will follow in law.

With the aforesaid observations/directions, the writ petition is disposed of .

(Abdhesh Kumar Chaudhary,J.) (Rajan Roy,J.)

January 27, 2026

-Piyush-

Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench