Lucknow, Aug 17 The Lucknow bench of the Allahabad High Court on Monday declined to grant interim relief to the Congress in a case concerning its alleged occupation of Nazul government land in Sitapur district.
The court observed that mere long possession of government land does not make such occupation lawful and noted that the petitioners failed to produce any allotment order or other document proving that the property was legally allotted to it.
A bench comprising Justice Alok Mathur and Justice Amitabh Kumar Rai passed the order on a writ petition filed by the Congress Committee, Sitapur.
The petition challenged an order passed by the Executive Officer (in-charge) of the Nagar Palika Parishad, Sitapur, directing deletion of the petitioners' names from the records relating to Plot No. 244/1 in Tamsen Ganj locality and ordering their eviction from the property.
The petitioners claimed that they possessed the said premises' upper portion of Ghanta Ghar in Sitapur, since 1971, and produced a receipt showing payment of Rs 320 as rent in 1971.
The court, however, noted that no rent had been paid for the past 55 years and that the petitioners failed to produce any agreement, allotment letter or other document establishing lawful allotment or possession of the property.
The state opposed the plea, contending that the property was Nazul land and illegal occupation.
The court observed that even though the occupation had commenced decades ago, such occupation of government property could have legal validity only if supported by an allotment order or other document evidencing lawful possession.
Thus, the bench rejected the application for interim relief and directed the respondents to file their counter-affidavit within three weeks.
The petitioners will have two weeks to file a rejoinder.
The matter has been listed for hearing on October 1, 2026.
