Allahabad High Court: In a public interest litigation (‘PIL’) filed highlighting encroachment by the respondents 7-12 (‘encroachers’), the Single Judge Bench of J.J. Munir, J., took judicial notice of the menace of petitioners being browbeaten by the encroachers and government officials into withdrawing their PILs concerning encroachment. The Court restrained the encroachers from harassing the petitioner and his family in any way.
At the outset, the Court directed the impleadment of the Superintendent of Police (‘SP’) and the Station House Officer(‘SHO’).
After noting that as per the report filed by the Sub-Divisional Officer, Lalganj, Mirzapur, 19 cases had been registered against the encroachers, the Court directed the District Magistrate, Mirzapur, to file a counter-affidavit reporting about the progress of proceedings in the cases instituted under Section 67 of the Uttar Pradesh Revenue Code, 2006.
Upon being informed that the petitioner and his family were being assaulted and abused by the encroachers ever since he filed the present PIL, the Court took judicial notice of the fact that it had become an everyday malady that the petitioners moving PILs against encroachment were being physically assaulted or threatened into withdrawing their PILs by the encroachers, and sometimes Government officials.
“This menace has assumed serious dimensions and must be curtailed with a heavy hand.”
Thus, the Court restrained the encroachers from assaulting, abusing, or accosting the petitioner in any manner or entering his premises or coming closer than five meters to the petitioner or any member of his family. This injunction shall apply to all members of the petitioner’s family as well. The Court further directed that it was the duty of the SP and SHO to ensure that this injunction was punctiliously obeyed and not violated.
In the event of a violation, the Court stated that the SP and SHO would be personally answerable to the Court.
Accordingly, notice was issued, and the order was directed to be communicated to the authorities and encroachers within 48 hours.
The matter has been listed for 18-07-2025.
[Kamala Kant v. State of UP, PIL No. 1244 of 2025, decided on 03-07-2025]
Advocates who appeared in this case :
For the petitioner: Petitioner in person
For the respondent: C.S.C., Pradeep Singh
