In an unusual turn of events, the Allahabad High Court has directed revenue authorities in Prayagraj to initiate eviction proceedings against a petitioner who, while seeking removal of encroachment from a village pond, was himself found guilty of encroaching on the same land.
The case arose from a Public Interest Litigation (PIL) filed by Omraj, a resident of Handia in Prayagraj, who alleged that one Lalmani Patel had constructed a house on gram sabha pond land. Omraj sought enforcement of an eviction order previously passed by the tehsildar in 2022.
During the proceedings, Lalmani Patel’s counsel challenged the eviction order, contending that it was wrongly issued. Justice Arun Kumar Singh Deshwal then ordered a fresh investigation.
On August 21, the Handia tehsildar submitted an affidavit revealing that Patel had not encroached on the pond land. Instead, the inquiry showed that the house constructed on the disputed land belonged to the petitioner himself, Omraj.
The court expressed displeasure over the manner in which revenue authorities had acted, noting that eviction proceedings were wrongly initiated against Patel. Justice Deshwal questioned how such an order could have been passed when no encroachment was committed by the opposite party.
The bench also sought accountability from officials who allegedly filed a misleading report. The court asked for a detailed affidavit on the action taken against Lekhpal Dilip Kumar and Revenue Inspector Gaya Prasad Kushwaha, who had earlier reported Patel’s encroachment.
In its order dated September 4, the High Court directed that eviction proceedings under Section 67 of the Uttar Pradesh Revenue Code be initiated against Omraj for his illegal occupation of the pond land.
