Rajesh Kumar … v. State Of Up And 10 Others

Heard learned counsel for the parties including Sri Ashish Chandra Nishad, learned Standing Counsel for the State.

2. The petitioner has filed the present Public Interest Litigation (PIL) with the following prayers: "i. Issue an order or direction in the nature of MANDAMUS directing the respondents authorities to remove the illegal encroachment of respondent no.6 to 11 over Arazi No. 272 area about 0.2740 hectare (which is recorded as Banjar) situated in Village Rudapur, Pargana Sikandra, Tahsil Phoolpur, District Prayagraj. ii. Issue any other order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case."

3. In respect of encroachment upon the public land/ public utility land i.e. Plot No. 272 measuring area about 0.2740 hectare which is recorded as banjar land (barren land) in the Revenue record (Khatauni) of Village Rudapur, Pargana Sikandra, Tehsil Phoolpur, District Prayagraj, the petitioner informed the Assistant Collector/Tahsildar/Tehsildar(Judicial) for initiating proceedings under 2 PIL No. - 2921 of 2025 Section 67 of Uttar Pradesh Revenue Code, 2006 (herein after referred to as 'the Revenue Code'), but no action has been taken by the authorities.

4. Earlier, for the same cause of action, the petitioner had filed a PIL being Public Interest Litigation (PIL) No. 1260 of 2024 (Rajesh Kumar Vs. State of U.P. and others), wherein this Court had passed a judgment/ order dated 4.12.2024 directing the concerned Revenue authorities to take action for removal of encroachment, treating that petition as information under Section 67(1) of the Revenue Code. The judgment/order of this Court dated 4.12.2024 is being delineated below : "It is not under dispute that grievance of petitioner is being addressed at least qua to respondent No.11 since a proceeding for removal of encroachment is being initiated. Learned counsel for petitioner submits that petitioner is still aggrieved that despite material on record no proceedings has been initiated against respondent No.6 to 10, who have also encroached a land entered in revenue record as 'Banjar'. The State has not filed any counter affidavit, accordingly, no rejoinder affidavit is being filed. In the aforesaid circumstances, this petition is disposed of with an observation that this petition may be considered as an information for the purpose of Section 67(1) of U.P. Revenue Code, 2006, so far as respondent No.6 to 10 is concerned and if necessary, appropriate action will be taken by concerned authority."

5. Learned counsel for the petitioner submits that the aforesaid order was communicated by the petitioner to the Revenue authorities through registered post dated 02.01.2025, however, the petitioner has no information whether any proceeding under Section 67 of the Revenue Code has been initiated by the Revenue authorities or not.

6. The land recorded as 'Banjar' in the Revenue Code is entrusted to the Bhumi Prabandhak Samiti (hereinafter referred to as 'Samiti') comprising Village Pradhan as Chairman of the Samiti and Lekhpal of the area as Secretary of the Samiti, however, they have not paid any heed to initiate the proceedings for removal of the encroachment though they are the custodian of the public utility land. 3 PIL No. - 2921 of 2025

7. After going through the record and provisions of law, the Court observes that if there is any encroachment on Banjar Land belong to the Gram Panchayat, managed by Bhumi Prabandhak Samiti, the proceedings for removal of such encroachment under Sections 67 of the U.P. Revenue Code, 2006 read with Rules 66 and 67 of the U.P. Revenue Code Rules, 2016 may be initiated against the alleged encroachers to remove the encroachment from the land of Gram Panchayat managed by Bhumi Prabandhak Samiti. The provisions of Section 67 of UP Revenue Code 2006, Rule 66 and 67 of UP Revenue Code Rules, 2016 are being produced herein below : “Section 67. Power to prevent damage, misappropriation and wrongful occupation of Gram Panchayat property.- (1) Where any property entrusted or deemed to be entrusted under the provisions of this Code to a Gram Panchayat or other local authority is damaged or misappropriated, or where any Gram Panchayat or other authority is entitled to take possession of any land under the provisions of this Code and such land is occupied otherwise than in accordance with the said provisions, the Bhumi Prabandhak Samiti or other authority or the Lekhpal concerned, as the case may be, shall inform the Assistant Collector concerned in the manner prescribed. (2) Where from the information received under sub-section (1) or otherwise, the Assistant Collector is satisfied that any property referred to in sub-section (1) has been damaged or misappropriated, or any person is in occupation of any land referred to in that sub-section in contravention of the provisions of this Code, he shall issue notice to the person concerned to show cause why compensation for damage, misappropriation or wrongful occupation not exceeding the amount specified in the notice be not recovered from him and why he should not be evicted from such land. (3) If the person to whom a notice has been issued under sub-section (2) fails to show cause within the time specified in the notice or within such extended time as the Assistant Collector may allow in this behalf, or if the cause shown is found to be insufficient, the Assistant Collector may direct that such person shall be evicted from the land, and may, for that purpose, use or cause to be used such force as may be necessary, and may direct that the amount of compensation for damage or misappropriation of the property or for wrongful occupation, as the case may be, be recovered from such person as arrears of land revenue. (4) If the Assistant Collector is of opinion that the person showing cause is not guilty of causing the damage or misappropriation or wrongful occupation referred to in the notice under sub-section (2), he shall discharge the notice. (5) Any person aggrieved by an order of the Assistant Collector under sub-section (3) or subsection (4), may within thirty days from the date of such order, prefer an appeal to the Collector. 4 PIL No. - 2921 of 2025 (6) Notwithstanding anything contained in any other provision of this Code, and subject to the provisions of this section every order of the Assistant Collector under this section shall, subject to the provisions of sub-section (5) be final. (7) The procedure to be followed in any action taken under this section shall be such as may be prescribed. Explanation. - For the purposes of this section, the word ‘land’ shall include the trees and buildings standing thereon. RULE 66-Information to Assistant Collector : The information to Assistant Collector required by section 67(1) shall be submitted by the Chairman or any member or the Secretary of the Land Management Committee, or any officer of the Local Authority concerned in R.C. Form-19. RULE 67-Further inquiry by Assistant Collector: (1) On receipt of the information under rule 66, or on facts otherwise coming to his knowledge, the Assistant Collector may make such inquiry as he deems proper and may obtain further information regarding the following points:- (a) full description of damage or misappropriation caused or the wrongful occupation made with details of village, plot number, area, boundary, property damaged or misappropriated and market value thereof; (b) full address along with parentage of the person responsible for such damage, misappropriation or wrongful occupation; (c) period of wrongful occupation, damage or misappropriation and class of soil of the plots involved; (d) value of the property damaged or misappropriated calculated at the circle rate fixed by the Collector and the amount sought to be recovered as damages. (2) The Assistant Collector shall thereafter proceed to take action under section 67(2) and for that purpose issue a notice to the person concerned in R.C. Form-20 to show cause as to why compensation for damage, misappropriation or wrongful occupation not exceeding the amount specified in the notice be not recovered from him and why he should not be evicted from such land. (3) If the notice referred to in section 67(2) remains uncomplied with or if the cause shown by the person concerned is found to be insufficient, the Assistant Collector may direct by order that- (a) such person be evicted by using such force as may be necessary; or (b) the amount of compensation for damage or wrongful occupation ordered by the Assistant Collector, if not paid in specified time, may be recovered as arrears of land revenue, including the amount of expenses referred to in sub-rule (3). (4) The amount of damages sought to be recovered and the expenses of execution of the order shall be specified in such notice, which shall be determined in the following manner:- (a) In the case of damage or misappropriation, the amount of damages shall be assessed at the prevailing market rate. 5 PIL No. - 2921 of 2025 (b) In the case of unauthorized occupation of any land, the amount of damages shall be the amount equal to the five percent of the market value of the land calculated at the circle rate fixed by the Collector for each year of unauthorized occupation. (c) The expenses of execution of the order shall be assessed on the basis of one day’s pay and allowances payable to the staff deputed. (5) If the person wrongfully occupying the land has done cultivation therein, he may be allowed to retain possession thereof until he has harvested the crops subject to the payment by him of the amount equal to the five percent of the market value of the land calculated as per the circle rate which shall be credited to the Consolidated Gaon Fund or the Fund of the local authority other than the Gram Panchayat as the case may be. If the person concerned does not make the payment of the aforesaid amount within the period specified in the notice in R.C. Form- 20, the possession of the land shall be delivered to the Land Management Committee or the local authority, as the case may be, together with the crop: Provided that where such person again wrongfully occupies the same land or any other land within the jurisdiction of the Gram Panchayat or the local authority as the case may be, he shall be evicted therefrom forthwith and possession of the land vacant or together with the crop thereon shall be delivered to the Land Management Committee or the local authority as the case may be. (6) The Assistant Collector shall make an endeavour to conclude the proceeding under section 67 of the Code within the period of ninety days from the date of issuance of the show cause notice and if the proceeding is not concluded within such period the reasons for the same shall be recorded. (7) Nothing in sub-rule (5) shall debar the Land Management Committee or the local authority as the case may be from prosecuting the person who encroaches upon the same land second time in spite of having been evicted under the Code or the rules, under section 447 of the Indian Penal Code, 1860. (8) There shall be maintained in the office of each Collector a register in R.C. Form-21 showing details of the amount ordered to be realized on account of damages and compensation awarded in proceedings under section 67. (9) A similar register shall also be maintained by each tahsildar showing realization of damages and compensation awarded in such proceeding. The entries made in the register maintained at tahsil shall be compared with the register maintained by the Collector to ensure accuracy of the entries made therein. (10) A progress report showing realization of damages and compensation awarded in proceedings under section 67 shall be sent to Board of Revenue, U.P., Lucknow by the fifteenth day of April and October every year. The Board after consolidating the report so received from the districts shall send it to the Government. (11) Nothing in rules 66 and 67 shall debar any person from establishment of his right, title or interest in a court of competent jurisdiction in accordance with the law for the time being in force in 6 PIL No. - 2921 of 2025 respect of any matter for which any order has been made under section 67 of the Code.

8. The Tahsildar, Phoolpur, District Prayagraj is directed to initiate proceedings under Section 67 of the Revenue Code, 2006 to remove the encroachment from the land of Gram Panchayat as alleged in the prayer clause of this writ petition and also provide opportunity of hearing to the alleged encroachers before taking decision.

9. This exercise shall be completed within 90 days as provided under Rule 67(6) of the U.P. Revenue Code Rules, 2016. Against the order passed under Section 67(3) of the U.P. Revenue Code, 2006, an appeal shall be filed within thirty days from the date of passing of such order before the Collector of the concerned district and, if the appeal is not decided within thirty days or no interim protection is granted in favour of the alleged encroachers, then as per Order XLI Rule 5 of the Code of Civil Procedure, 1973, mere pendency of appeal does not amount to any stay, therefore, the encroachment shall be removed from the spot.

10. Mere passing of an order under Section 67(3) of the U.P. Revenue Code, 2006 for removal of encroachment is not the completion of proceedings within Ninety days until and unless the encroachment is removed from the spot/land managed by the Bhumi Prabandhak Samiti. The proceedings for removal of encroachment shall be conducted as per R.C. Forms 19, 20 and 21 as prescribed under Rules 66 and 67 of Rules

11. The Bhumi Prabandhak Samiti/ Land Management Committee shall inform the Tahsildar/Tahsildar (Judicial) about the encroachment on the land entrusted to the Land Management Committee of the Gram Panchayat in the R.C. Form – 19. Thereafter, the Tahsildar/Tahsildar (Judicial) shall give a conditional notice for removal of encroachment along with amount of compensation for damage. If the final order of removal of encroachment as well as amount of compensation for damages is passed, after removal of encroachment and realization of the 7 PIL No. - 2921 of 2025 amount of compensation for damages, the amount of compensation shall be deposited with the concerned authority and same shall also be shown in the R.C. Form-21 maintained in the office of the Collector of the concerned district.

12. In light of the same, the concerned authorities of the District Prayagraj are directed to take reference of the decisions of this Court dated 6.10.2025 passed in Public Interest Litigation (PIL) No. 2923 of 2025 (Manoj Kumar Singh Vs. State of U.P. and others) and Public Interest Litigation (PIL) No.2933 of 2025 (Munni Lal @ Hari Sharan Vs. State of Uttar Pradesh and others) and take appropriate action in respect of removal of encroachment, after providing opportunity of hearing to all persons and also take action against erring officers and other concerned persons.

13. With the above directions, this petition (PIL) is disposed of with no order as to costs. October 6, 2025 DKS (Praveen Kumar Giri,J.) DEEPAK KUMAR SRIVASTWA High Court of Judicature at Allahabad

Heard learned counsel for the parties including Sri Ashish Chandra Nishad, learned Standing Counsel for the State.

2. The petitioner has filed the present Public Interest Litigation (PIL) with the following prayers: "i. Issue an order or direction in the nature of MANDAMUS directing the respondents authorities to remove the illegal encroachment of respondent no.6 to 11 over Arazi No. 272 area about 0.2740 hectare (which is recorded as Banjar) situated in Village Rudapur, Pargana Sikandra, Tahsil Phoolpur, District Prayagraj. ii. Issue any other order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case."

3. In respect of encroachment upon the public land/ public utility land i.e. Plot No. 272 measuring area about 0.2740 hectare which is recorded as banjar land (barren land) in the Revenue record (Khatauni) of Village Rudapur, Pargana Sikandra, Tehsil Phoolpur, District Prayagraj, the petitioner informed the Assistant Collector/Tahsildar/Tehsildar(Judicial) for initiating proceedings under 2 PIL No. - 2921 of 2025 Section 67 of Uttar Pradesh Revenue Code, 2006 (herein after referred to as 'the Revenue Code'), but no action has been taken by the authorities.

4. Earlier, for the same cause of action, the petitioner had filed a PIL being Public Interest Litigation (PIL) No. 1260 of 2024 (Rajesh Kumar Vs. State of U.P. and others), wherein this Court had passed a judgment/ order dated 4.12.2024 directing the concerned Revenue authorities to take action for removal of encroachment, treating that petition as information under Section 67(1) of the Revenue Code. The judgment/order of this Court dated 4.12.2024 is being delineated below : "It is not under dispute that grievance of petitioner is being addressed at least qua to respondent No.11 since a proceeding for removal of encroachment is being initiated. Learned counsel for petitioner submits that petitioner is still aggrieved that despite material on record no proceedings has been initiated against respondent No.6 to 10, who have also encroached a land entered in revenue record as 'Banjar'. The State has not filed any counter affidavit, accordingly, no rejoinder affidavit is being filed. In the aforesaid circumstances, this petition is disposed of with an observation that this petition may be considered as an information for the purpose of Section 67(1) of U.P. Revenue Code, 2006, so far as respondent No.6 to 10 is concerned and if necessary, appropriate action will be taken by concerned authority."

5. Learned counsel for the petitioner submits that the aforesaid order was communicated by the petitioner to the Revenue authorities through registered post dated 02.01.2025, however, the petitioner has no information whether any proceeding under Section 67 of the Revenue Code has been initiated by the Revenue authorities or not.

6. The land recorded as 'Banjar' in the Revenue Code is entrusted to the Bhumi Prabandhak Samiti (hereinafter referred to as 'Samiti') comprising Village Pradhan as Chairman of the Samiti and Lekhpal of the area as Secretary of the Samiti, however, they have not paid any heed to initiate the proceedings for removal of the encroachment though they are the custodian of the public utility land. 3 PIL No. - 2921 of 2025

7. After going through the record and provisions of law, the Court observes that if there is any encroachment on Banjar Land belong to the Gram Panchayat, managed by Bhumi Prabandhak Samiti, the proceedings for removal of such encroachment under Sections 67 of the U.P. Revenue Code, 2006 read with Rules 66 and 67 of the U.P. Revenue Code Rules, 2016 may be initiated against the alleged encroachers to remove the encroachment from the land of Gram Panchayat managed by Bhumi Prabandhak Samiti. The provisions of Section 67 of UP Revenue Code 2006, Rule 66 and 67 of UP Revenue Code Rules, 2016 are being produced herein below : “Section 67. Power to prevent damage, misappropriation and wrongful occupation of Gram Panchayat property.- (1) Where any property entrusted or deemed to be entrusted under the provisions of this Code to a Gram Panchayat or other local authority is damaged or misappropriated, or where any Gram Panchayat or other authority is entitled to take possession of any land under the provisions of this Code and such land is occupied otherwise than in accordance with the said provisions, the Bhumi Prabandhak Samiti or other authority or the Lekhpal concerned, as the case may be, shall inform the Assistant Collector concerned in the manner prescribed. (2) Where from the information received under sub-section (1) or otherwise, the Assistant Collector is satisfied that any property referred to in sub-section (1) has been damaged or misappropriated, or any person is in occupation of any land referred to in that sub-section in contravention of the provisions of this Code, he shall issue notice to the person concerned to show cause why compensation for damage, misappropriation or wrongful occupation not exceeding the amount specified in the notice be not recovered from him and why he should not be evicted from such land. (3) If the person to whom a notice has been issued under sub-section (2) fails to show cause within the time specified in the notice or within such extended time as the Assistant Collector may allow in this behalf, or if the cause shown is found to be insufficient, the Assistant Collector may direct that such person shall be evicted from the land, and may, for that purpose, use or cause to be used such force as may be necessary, and may direct that the amount of compensation for damage or misappropriation of the property or for wrongful occupation, as the case may be, be recovered from such person as arrears of land revenue. (4) If the Assistant Collector is of opinion that the person showing cause is not guilty of causing the damage or misappropriation or wrongful occupation referred to in the notice under sub-section (2), he shall discharge the notice. (5) Any person aggrieved by an order of the Assistant Collector under sub-section (3) or subsection (4), may within thirty days from the date of such order, prefer an appeal to the Collector. 4 PIL No. - 2921 of 2025 (6) Notwithstanding anything contained in any other provision of this Code, and subject to the provisions of this section every order of the Assistant Collector under this section shall, subject to the provisions of sub-section (5) be final. (7) The procedure to be followed in any action taken under this section shall be such as may be prescribed. Explanation. - For the purposes of this section, the word ‘land’ shall include the trees and buildings standing thereon. RULE 66-Information to Assistant Collector : The information to Assistant Collector required by section 67(1) shall be submitted by the Chairman or any member or the Secretary of the Land Management Committee, or any officer of the Local Authority concerned in R.C. Form-19. RULE 67-Further inquiry by Assistant Collector: (1) On receipt of the information under rule 66, or on facts otherwise coming to his knowledge, the Assistant Collector may make such inquiry as he deems proper and may obtain further information regarding the following points:- (a) full description of damage or misappropriation caused or the wrongful occupation made with details of village, plot number, area, boundary, property damaged or misappropriated and market value thereof; (b) full address along with parentage of the person responsible for such damage, misappropriation or wrongful occupation; (c) period of wrongful occupation, damage or misappropriation and class of soil of the plots involved; (d) value of the property damaged or misappropriated calculated at the circle rate fixed by the Collector and the amount sought to be recovered as damages. (2) The Assistant Collector shall thereafter proceed to take action under section 67(2) and for that purpose issue a notice to the person concerned in R.C. Form-20 to show cause as to why compensation for damage, misappropriation or wrongful occupation not exceeding the amount specified in the notice be not recovered from him and why he should not be evicted from such land. (3) If the notice referred to in section 67(2) remains uncomplied with or if the cause shown by the person concerned is found to be insufficient, the Assistant Collector may direct by order that- (a) such person be evicted by using such force as may be necessary; or (b) the amount of compensation for damage or wrongful occupation ordered by the Assistant Collector, if not paid in specified time, may be recovered as arrears of land revenue, including the amount of expenses referred to in sub-rule (3). (4) The amount of damages sought to be recovered and the expenses of execution of the order shall be specified in such notice, which shall be determined in the following manner:- (a) In the case of damage or misappropriation, the amount of damages shall be assessed at the prevailing market rate. 5 PIL No. - 2921 of 2025 (b) In the case of unauthorized occupation of any land, the amount of damages shall be the amount equal to the five percent of the market value of the land calculated at the circle rate fixed by the Collector for each year of unauthorized occupation. (c) The expenses of execution of the order shall be assessed on the basis of one day’s pay and allowances payable to the staff deputed. (5) If the person wrongfully occupying the land has done cultivation therein, he may be allowed to retain possession thereof until he has harvested the crops subject to the payment by him of the amount equal to the five percent of the market value of the land calculated as per the circle rate which shall be credited to the Consolidated Gaon Fund or the Fund of the local authority other than the Gram Panchayat as the case may be. If the person concerned does not make the payment of the aforesaid amount within the period specified in the notice in R.C. Form- 20, the possession of the land shall be delivered to the Land Management Committee or the local authority, as the case may be, together with the crop: Provided that where such person again wrongfully occupies the same land or any other land within the jurisdiction of the Gram Panchayat or the local authority as the case may be, he shall be evicted therefrom forthwith and possession of the land vacant or together with the crop thereon shall be delivered to the Land Management Committee or the local authority as the case may be. (6) The Assistant Collector shall make an endeavour to conclude the proceeding under section 67 of the Code within the period of ninety days from the date of issuance of the show cause notice and if the proceeding is not concluded within such period the reasons for the same shall be recorded. (7) Nothing in sub-rule (5) shall debar the Land Management Committee or the local authority as the case may be from prosecuting the person who encroaches upon the same land second time in spite of having been evicted under the Code or the rules, under section 447 of the Indian Penal Code, 1860. (8) There shall be maintained in the office of each Collector a register in R.C. Form-21 showing details of the amount ordered to be realized on account of damages and compensation awarded in proceedings under section 67. (9) A similar register shall also be maintained by each tahsildar showing realization of damages and compensation awarded in such proceeding. The entries made in the register maintained at tahsil shall be compared with the register maintained by the Collector to ensure accuracy of the entries made therein. (10) A progress report showing realization of damages and compensation awarded in proceedings under section 67 shall be sent to Board of Revenue, U.P., Lucknow by the fifteenth day of April and October every year. The Board after consolidating the report so received from the districts shall send it to the Government. (11) Nothing in rules 66 and 67 shall debar any person from establishment of his right, title or interest in a court of competent jurisdiction in accordance with the law for the time being in force in 6 PIL No. - 2921 of 2025 respect of any matter for which any order has been made under section 67 of the Code.

8. The Tahsildar, Phoolpur, District Prayagraj is directed to initiate proceedings under Section 67 of the Revenue Code, 2006 to remove the encroachment from the land of Gram Panchayat as alleged in the prayer clause of this writ petition and also provide opportunity of hearing to the alleged encroachers before taking decision.

9. This exercise shall be completed within 90 days as provided under Rule 67(6) of the U.P. Revenue Code Rules, 2016. Against the order passed under Section 67(3) of the U.P. Revenue Code, 2006, an appeal shall be filed within thirty days from the date of passing of such order before the Collector of the concerned district and, if the appeal is not decided within thirty days or no interim protection is granted in favour of the alleged encroachers, then as per Order XLI Rule 5 of the Code of Civil Procedure, 1973, mere pendency of appeal does not amount to any stay, therefore, the encroachment shall be removed from the spot.

10. Mere passing of an order under Section 67(3) of the U.P. Revenue Code, 2006 for removal of encroachment is not the completion of proceedings within Ninety days until and unless the encroachment is removed from the spot/land managed by the Bhumi Prabandhak Samiti. The proceedings for removal of encroachment shall be conducted as per R.C. Forms 19, 20 and 21 as prescribed under Rules 66 and 67 of Rules

11. The Bhumi Prabandhak Samiti/ Land Management Committee shall inform the Tahsildar/Tahsildar (Judicial) about the encroachment on the land entrusted to the Land Management Committee of the Gram Panchayat in the R.C. Form – 19. Thereafter, the Tahsildar/Tahsildar (Judicial) shall give a conditional notice for removal of encroachment along with amount of compensation for damage. If the final order of removal of encroachment as well as amount of compensation for damages is passed, after removal of encroachment and realization of the 7 PIL No. - 2921 of 2025 amount of compensation for damages, the amount of compensation shall be deposited with the concerned authority and same shall also be shown in the R.C. Form-21 maintained in the office of the Collector of the concerned district.

12. In light of the same, the concerned authorities of the District Prayagraj are directed to take reference of the decisions of this Court dated 6.10.2025 passed in Public Interest Litigation (PIL) No. 2923 of 2025 (Manoj Kumar Singh Vs. State of U.P. and others) and Public Interest Litigation (PIL) No.2933 of 2025 (Munni Lal @ Hari Sharan Vs. State of Uttar Pradesh and others) and take appropriate action in respect of removal of encroachment, after providing opportunity of hearing to all persons and also take action against erring officers and other concerned persons.

13. With the above directions, this petition (PIL) is disposed of with no order as to costs. October 6, 2025 DKS (Praveen Kumar Giri,J.) DEEPAK KUMAR SRIVASTWA High Court of Judicature at Allahabad