Allahabad High Court

JITENDRA SINGH YADAVversusSTATE OF U.P. AND 10 OTHERS

Decided: 5 May 2026
Bench: ARUN KUMAR

Holding

The petition is dismissed and the petitioner is directed to approach the appropriate authority under Sections 104 and 105 of the U.P. Revenue Code, 2006.

Summary

The petitioner, Jitendra Singh Yadav, filed a public interest litigation seeking a writ of mandamus to compel the State and other respondents to vest land (Arazi No. 254, Village Sijwaha, Jhansi) in the Gaon Sabha, alleging that the sale deed to non‑Scheduled Caste purchasers was void for lacking the District Collector's permission. The petition also claimed that the sale deed should be declared void ab initio. The court noted that a villager, Keshvendra, had already approached the Deputy District Magistrate under Sections 104 and 105 of the Uttar Pradesh Revenue Code, 2006, to cancel the same sale deed. The court held that the present PIL was privately motivated and not a genuine public‑interest matter. It directed the petitioner to seek relief through the specific statutory provisions of the U.P. Revenue Code rather than the court. Consequently, the petition was disposed of without granting the relief sought.

Issues considered

Whether the petition filed as a public interest litigation is maintainable for declaring the sale deed void and vesting the land in the Gaon Sabha.
Whether the appropriate remedy lies under Sections 104/105 of the Uttar Pradesh Revenue Code, 2006.

Legislation cited

Uttar Pradesh Revenue Code, 2006 — s. 104, 105

Subjects

public interest litigation
land vesting
sale deed
Scheduled Caste
District Collector permission
mandamus
U.P. Revenue Code
Section 104
Section 105

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 1194 of 2026

Jitendra Singh Yadav
.....Petitioner(s)
Versus

State Of U.P. And 10 Others
.....Respondent(s)

Counsel for Petitioner(s) : Rajiv Kumar Shukla, Shivang Shukla
Counsel for Respondent(s) : C.S.C., Deepak Gaur

Court No. - 55
HON'BLE ARUN KUMAR, J.

1. Heard Sri Rajiv Kumar Shukla, learned counsel for the petitioner,
learned Standing Counsel for the State respondents and Sri Deepak Gaur,
learned counsel for the respondent Gaon Sabha.

2. The present petition has been filed for the following relief:

"Issue a writ, order or direction in the nature of mandamus
commanding the respondent authorities to ensure that the land
of arazi no. 254, Village Sijwaha, District Jhansi may be vested
in the Gaon Sabha as purchasers (i.e. respondent to.6 to 11) of
the land of arazi no. 254, situated at Village Sijwaha, District
Jhansi are the persons not belonging to the Scheduled Caste has
purchased the land of the Scheduled Caste without permission
of the District Collector."

3. The averment made in the writ petition and the relief claimed in it is in
fact that the sale deed executed in respect of plot no.254 by persons
belonging to scheduled caste category without obtaining requisite
permission in favour of respondent nos.6 to 11 be held to be void ab initio
.

4. Perusal of paragraph nos.18 and 19 of the writ petition shows that one
villager Keshvendra has filed Case No.4 of 2024 before the Deputy
District Magistrate, Jhansi under Section 104/105 of the U.P. Revenue
Code, 2006 for cancellation of sale deed executed in favour of respondent
nos.6 to 8, therefore, the petitioner could have also approached the
WPIL No. 1194 of 2026
2

appropriate authority under the aforesaid provisions of law to get the
other sale deed declared void.

5. The present PIL for declaration of sale deeds to be void and land to be
vested in the State appears to be privately motivated, rather than a petition
in public interest.

6. As under Section 104/105 of the Code, 2006, there exists specific
provision for declaration of sale deed executed by person belonging to
scheduled caste category without obtaining requisite permission to be
void, the present petition is disposed of with liberty to the petitioner to
approach the appropriate authority under the aforesaid provisions of law.

(Arun Kumar,J.)
May 6, 2026
Ashok Kr.

Digitally signed by :-
ASHOK KUMAR
High Court of Judicature at Allahabad

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