The Allahabad High Court has directed the Uttar Pradesh government to justify the legal basis for designating individuals as Bhu Mafia (land grabbers) without any statutory framework authorizing such action.

The Division Bench of Justice Ashwani Kumar Mishra and Justice Donadi Ramesh issued the direction while staying the classification of the petitioner, Banvari Lal, as Bhu Mafia until further orders.

The Court observed that labeling a person as a land grabber could infringe upon fundamental rights and necessitated judicial scrutiny. “To what extent such action is legally permissible would thus require consideration of this Court,” the Bench said.

Petitioner Challenges Unlawful Tagging as 'Bhu Mafia'

The petitioner had approached the High Court, challenging his inclusion in the list of Bhu Mafia and seeking its removal.

Advocate Sunil Kumar Singh, appearing for the petitioner, argued that the only allegation against him, encroachment on school land was found to be baseless, leading to the closure of proceedings under Section 133 of the Code of Criminal Procedure (CrPC).

Despite the District Magistrate of Agra recommending the deletion of his name from the Bhu Mafia list, the State authorities failed to act. The petitioner contended that such arbitrary labeling tarnished his reputation, violating his fundamental right to life with dignity under Article 21 of the Constitution.

State’s Actions Lack Legal Basis, HC Observes

The petitioner’s counsel further argued that the Government Order (GO) dated May 1, 2017, which constituted the Anti-Bhu Mafia Task Force, merely provided for the removal of illegal encroachments but did not authorize branding individuals as land grabbers. Declaring a person as Bhu Mafia without statutory backing, the counsel submitted, was unconstitutional.

While the 2017 Government Order itself was not under challenge, the Court took note of its implications and observed that the legality of such declarations required careful examination.

State Directed to File Justification; Next Hearing on March 6

Directing the concerned Secretary of the State to submit an affidavit justifying the legal basis for the designation of individuals as Bhu Mafia, the Court granted three weeks for compliance. The matter has been listed for further hearing on March 6, 2025.

"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 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. List this matter amongst top ten cases on 06.03.2025," the Court ordered.

Furthermore, the Bench ordered, "Considering the fact that 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."

Cause Title: Banvari Lal vs. State Of U.P. And 2 Others [Writ C No. - 22773 of 2022]

Click here to read/download the Order


Justice Ashwani Kumar MishraJustice Donadi Ramesh

Sukriti Mishra

Legal Correspondent

Sukriti Mishra is a Legal Correspondent at Verdictum. She extensively covers the Supreme Court. She has completed her graduation with BA. LL.B (Hons.) from The ICFAI University, Dehradun. Sukriti started covering courts in March 2022, she has previously worked with another legal news portal, where she extensively covered the Delhi High Court and Trial Courts.