The court mandates prompt removal of encroachments on public utility land and imposes accountability on local officials for failure to act, reinforcing the public's right to access such land.

JUDGMENT :

PRAVEEN KUMAR GIRI, J.

1. Heard learned counsel for the petitioner, Sri Deepak Gaur, learned counsel for the Bhumi Prabandhak Samiti and Sri Sharad Chandra Upadhyay, learned Standing Counsel for the State respondents.

2. This present Public Interest Litigation (PIL) has been filed with the following prayers :

"A. Issue a writ, order or direction in the nature of mandamus directing and commanding the respondent nos 2 to 4 to remove the illegal encroachment of respondent nos.7 to 10 over Gata No.243, area 0.543 hectare, situated at Village Rupadhamna, Tehsil Mauranipur, District Jhansi, which is recorded as Passage (Rasta) in revenue record and restore it to its original public use.

B. Issue a writ, order or direction in the nature of mandamus directing/commanding Respondent No.2 (District Magistrate, Jhansi), to initiate appropriate departmental and disciplinary proceedings against the concerned Lekhpal, (Respondent No.5) and the Kanungo concerned for submitting false and misleading reports dated 24.06.2025/25.06.2025 and 21.11.2024 in collusion with private encroachers;

C. Issue a writ, order or direction in the nature of mandamus directing/commanding the Respondent No.2 to 4 to take appropriate decision upon the application dated 03/06/2025, 18/08/2025 and 29/08/2025 (Annexuure No.4 to this Writ Petition(PIL)) and regarding removal of the illegal encroachment of the private Respondents ie. Respondent No.7 to 10 from the reserve Passage land Gata No.243/0.380 Hectare, situated in Village Rupa Dhamna, Pargana and Tehsil Mauranipur, District Jhansi."

3. Petitioner has filed this PIL alleging encroachment on a public road/pathway, although the area Lekhpal has submitted a report stating that there is no encroachment on the road recorded in the revenue record but the petitioner is still struggling that yet the road has been encroached upon by some villagers.

4. The learned counsel for the petitioner submits that no proceedings under section 67 of the Uttar Pradesh Revenue Code, 2006 has been initiated in respect of encroachment while the area lekhpal has prepared a wrong report mentioning, no encroachment on the road mentioned in the revenue record and also submitted that there is R.C. Form No. 19 to submit such report in respect of encroachment but the Lekhpal of the area has not submitted this report on R.C. Form No. 19 mentioned in the Uttar Pradesh Revenue Code, 2006.

5. This Court has gone through the provision of law, law laid down by the Hon’ble Supreme Court, High Court and also the facts of this case and thereafter has drawn opinion that in case any land belonging to the Gram Panchayat/Gram Sabha, encroached by any person, the office bearers of the Bhumi Prabandhak Samiti are under obligation as per Rule 66 of the Uttar Pradesh Revenue Code Rules, 2016 to inform the Tahsildar concerned to initiate proceedings under Section 67 of the Uttar Pradesh Revenue Code, 2006 for removal of encroachment from the public utility land and if no information or delayed information is given, action shall be taken against the Chairman i.e. Village Pradhan and Secretary i.e. Lekhpal of the Bhumi Prabandhak Samiti of the Village Panchayat as they are the custodian of the property.

6. Though there is a provision of removal of encroachment under section 67 of the Uttar Pradesh Revenue Code, 2006 in respect of road/village marg but there is also provision under Uttar Pradesh Revenue Code regulating the legal right of way to a tenure holder as provided under sections 25 and 26 of the Uttar Pradesh Revenue Code, 2006 mentioning right of way and other easements as well as removal of obstacle from the road.

The provisions of sections 25 and 26 of the U.P. Revenue Code, 2006 are reproduced herein below :-

Section 25 . Rights of way and other easements.- In the event of any dispute arising as to the route by which a tenure-holder or an agricultural labourer shall have access to his land or to the waste or pasture land of the village (other than by t