Allahabad High Court
ANIL KUMARversusSTATE OF U.P. AND 8 OTHERS
- Decided
- Bench
- ARUN KUMAR
Holding
The High Court held that it cannot entertain a writ petition for the implementation of an inter‑departmental administrative letter under Article 226.
Summary
Anil Kumar filed a public interest litigation seeking a writ of mandamus directing the District Magistrate and other officials to vacate a Chakmarg/Chakroad allegedly encroached upon, relying on an inter‑departmental letter dated 24‑02‑2026 from the Sub‑Divisional Magistrate to the District Magistrate. The petitioner alleged that the Block Development Officer, Gram Panchayat officials, and the Secretary were not complying with the order to carry out soil work over the road. The Court examined whether Article 226 of the Constitution could be invoked to enforce such an inter‑departmental communication. It found no material showing that the petitioner had a direct right or that the letter created a justiciable duty enforceable by a writ. Consequently, the Court held that the extraordinary jurisdiction of Article 226 cannot be used for the implementation of internal administrative letters, and dismissed the petition as misconceived.
Issues considered
- Whether a writ of mandamus can be issued under Article 226 to enforce an inter‑departmental administrative letter between State officials.
Legislation cited
- Constitution of India — s. Article 226
Subjects
- public interest litigation
- writ of mandamus
- Article 226
- inter‑departmental correspondence
- administrative law
- encroachment
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 1204 of 2026
Anil Kumar
.....Petitioner(s)
Versus
State Of U.P. And 8 Others
.....Respondent(s)
Counsel for Petitioner(s) : Santosh Kumar Pandey, Ved Prakash
Singh
Counsel for Respondent(s) : C.S.C., Hari Narayan Singh
Court No. - 55
HON'BLE ARUN KUMAR, J.
1. Heard Sri Santosh Kumar Pandey, learned counsel for the petitioner
and learned Standing Counsel for the respondent nos.1 to 4. Sri Hari
Narayan Singh has accepted notice on behalf of respondent nos.5 and 6.
2. The present writ petition has been filed seeking following relief:-
"(i) Issue a writ, order or direction in the nature of mandamus directing the
respondent no. 1 to 4 to vacate the Chakmarg/Chakroad encroached by the
respondent no. 8 & 9 in pursuance of Letter No. 325/ आ०ले० उ०िज०अ०/2026 dated
24.02.2026 issued by the respondent no. 3 (Sub-Divisional Magistrate, Tehsil-
Amritpur, District-Farrukhabad) to the respondent no. 2 (District Magistrate,
Farrukhabad, District-Farrukhabad)."
3. The aforesaid prayer shows that the petitioner wants a writ of
mandamus be issued to the respondent no.2 for implementation of the
administrative order passed by the Deputy District Magistrate on
24.2.2026.
4. The perusal of the aforesaid order shows that the Block Development
Officer is not abiding by the directions that the Gram Pranchayat and the
Secretary of Gram Panchayat Nagariya Jawahar alongwith Block
Development Officer are not carrying out the directions of doing the soil
work over the chakroad. The letter dated 24.2.2026 is a communication
between the Deputy District Magistrate to the District Magistrate being an
inter-departmental letter. There is nothing on record to show that how the
WPIL No. 1204 of 2026
2
petitioner got access to the said letter on the basis of which the present
PIL has been filed. The extraordinary jurisdiction of Article 226 of the
Constitution of India cannot be exercised for implementation of inter-
departmental letters between the administrative officers of the State
Government.
5. The present petition being misconceived is, accordingly, dismissed.
(Arun Kumar,J.)
May 6, 2026
Anil
Digitally signed by :-
ANIL KUMAR PATEL
High Court of Judicature at Allahabad
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