Allahabad High Court
SHANTI DEVIversusSTATE OF UTTAR PRADESH AND 2 OTHERS
- Decided
- Bench
- ARUN KUMAR
Holding
The writ petition is misconceived and is dismissed.
Summary
The petitioner Shanti Devi filed a public‑interest writ petition under Article 226 seeking the High Court to direct the District Deputy Director of Consolidation to expedite correction of a land‑record entry (Plot No. 86) that had been re‑classified from ‘Banjar’ to ‘Abadi’ without any change in land use. The State Government had initiated the correction under Section 27(3) of the U.P. Consolidation of Holdings Act, 1953, and the petition argued that the public interest warranted immediate judicial intervention. The Court examined whether the petition raised a genuine public‑interest issue justifying its jurisdiction. It observed that the plot remained under the maintenance of the Gaon Sabha and that no public hardship or rights were affected by the administrative process. Consequently, the Court held the writ petition to be misconceived and dismissed it. The petition was therefore rejected without any order directing the consolidation authority to act.
Issues considered
- Whether a writ under Article 226 can be issued to direct the consolidation authority to correct a land‑record entry in a pending administrative proceeding.
- Whether the alleged mis‑classification of Plot No. 86 raises a public‑interest issue justifying judicial intervention.
Legislation cited
- U.P. Consolidation of Holdings Act, 1953 — s. 27(3)
Subjects
- public interest litigation
- writ jurisdiction
- Article 226
- consolidation of holdings
- land records
- U.P. Consolidation of Holdings Act
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 1032 of 2026
Shanti Devi
.....Petitioner(s)
Versus
State Of Uttar Pradesh And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Josheca Mukerji, Sanjay Kumar
Mishra, Shalini Mishra
Counsel for Respondent(s) : C.S.C., Rameshwar Prasad Shukla
Court No. - 55
HON'BLE ARUN KUMAR, J.
1. Heard learned counsel for the petitioner; learned Standing Counsel for
the respondent nos. 1 & 2 and Sri Prem Bahadur Singh holding brief of
Sri Rameshwar Prasad Shukla for the respondent no. 3.
2. This is a writ petition to expedite the proceedings of Case No. 0293 of
2023, pending before the District Deputy Director of Consolidation, filed
under Section 27(3) of the U.P. Consolidation of Holdings Act, 1953.
3. The aforesaid case is filed by the State Government for correction of
the consolidation records, in which new plot no. 86 carved out of old Plot
No. 151 originally recorded as Banjar has been recorded as Abadi land.
4. As the proceedings have been initiated at the instance of the State
Government, which is pending consideration, no hardship is being caused
to the public at large. The only reason for filing this Public Interest
Litigation is that the said entry has been made without any change in user
of the land, so it should corrected forthwith.
5. In my opinion, Plot No. 86 recorded as banjar or abadi, continues to be
in the maintenance of the Gaon Sabha, as such, no interest of the public is
being affected, requiting immediate action by this Court, in exercise of its
WPIL No. 1032 of 2026
2
powers under Article 226 of the Constitution of India, at the instance of
the present petitioner.
6. The writ petition being misconceived is, accordingly, dismissed.
(Arun Kumar,J.)
April 23, 2026
Ranjeet Sahu
Digitally signed by :-
RANJEET SAHU
High Court of Judicature at Allahabad
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