Kiran Raj

The Allahabad High Court has stayed the declaration of the petitioner as a ‘Bhu Mafia’ (land grabber) and directed the State of Uttar Pradesh to justify the legal basis for labeling individuals as land grabbers without statutory authorization. The court observed that such a designation, made without a specific law governing the process, could infringe upon fundamental rights, including the right to dignity under Article 21 of the Constitution. The court has called upon the State to file an affidavit within three weeks, explaining the justification for its action.

The petitioner, Banvari Lal, filed a writ petition challenging his designation as a ‘Bhu Mafia’ by the State authorities and sought the removal of his name from the official list of land grabbers. The petitioner contended that the only allegation against him—encroachment on school land—had been found without substance, leading to the proceedings initiated under Section 133 of the Criminal Procedure Code (Cr.P.C.) being dropped by the competent authority on October 12, 2020.

The petitioner further submitted that the office of the District Magistrate, Agra, had written to the authorities to remove his name from the list of land grabbers, but the State had not acted upon this recommendation. It was argued that the declaration of a person as a ‘Bhu Mafia’ adversely affects their reputation, which is "an integral part of his right to life with dignity." The petitioner relied on various pronouncements of the Supreme Court, contending that "the action of the State authorities in declaring a person as a land grabber and thereby ridiculing his prestige and dignity amongst public at large is wholly unconstitutional."

The petitioner also challenged the validity of the Government Order dated May 1, 2017, which constituted the Anti-Bhu Mafia Task Force, arguing that it did not confer any authority upon the State to designate individuals as land grabbers. The petitioner submitted that the order "merely talks of creating a task force which may remove illegal encroachments by land grabbers" and that such an administrative directive "cannot form any basis to declare a person as a land grabber without there being any law authorizing such action."

The petitioner’s counsel further argued that any action affecting an individual’s legal status and reputation must be supported by law and due process. The absence of statutory backing, it was contended, rendered the State’s action arbitrary and illegal.

The division bench of Justice Ashwani Kumar Mishra and Justice Donadi Ramesh noted that the matter involved the fundamental rights of individuals and required judicial examination. The court recorded that "important rights of individuals are likely to be infringed by the declaration of a person as a land grabber. To what extent such action is legally permissible would thus require consideration of this Court."

The court noted that the petitioner had been implicated in only one case, and the proceedings against him had been dropped. Despite this, his name continued to be listed as a land grabber. The court questioned the legal basis for such a declaration, stating, "We call upon the State to justify its action in declaring an individual as Bhu Mafia without there being any law authorizing such action."

The court also addressed the broader implications of the Government Order dated May 1, 2017, under which the petitioner was allegedly declared a land grabber. The court observed that while the order created an Anti-Bhu Mafia Task Force to address illegal encroachments, it did not explicitly provide for the designation of individuals as land grabbers. The court noted that the State’s reliance on this order raised concerns about the extent of its legal authority to make such declarations.

Given the potential impact on the petitioner’s reputation and fundamental rights, the court found it necessary to examine whether such actions were permissible under the law. The bench recorded that "the concerned Secretary of the State shall justify the stand of the State in light of the above observation by filing his affidavit within a period of three weeks."

Considering the petitioner’s claim that the only case against him had been dismissed, the court stayed the declaration of the petitioner as a ‘Bhu Mafia’ until further orders. The bench observed that "considering the fact that the only case in which petitioner was implicated, the proceedings against him have been dropped, we stay the declaration of petitioner as Bhu Mafia until further orders of the Court."

The court directed the State to submit a justification for its action through an affidavit within three weeks. It ordered that "the concerned Secretary of the State shall justify the stand of the State in light of the above observation by filing his affidavit within a period of three weeks."

The matter has been listed among the top ten cases for hearing on March 6, 2025. The court recorded its direction, stating, "List this matter amongst top ten cases on 06.03.2025."

Case Title: Banvari Lal v. State of U.P. & Others
Case Number: Writ-C No. 22773 of 2022
Bench: Justice Ashwani Kumar Mishra and Justice Donadi Ramesh

[Read/Download order]