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Allahabad High Court

JOKHU RAMversusNATIONAL HIGHWAY AUTHORITY OF INDIA AND 5 OTHERS

Decided

Holding

The petition is disposed of, with the petitioner permitted to contest the parallel writ filed by the respondent.

Summary

Jokhu Ram filed a public interest litigation seeking demolition of encroachments on a State Highway by certain respondents. The Court noted that one of those respondents had filed a separate writ (Writ‑C No. 29809 of 2026) in which the petitioner was impleaded, and a coordinate bench had already granted an interim order in that matter. Considering the parallel proceedings and the fact that the petitioner is a party‑respondent in the other case, the Court decided to leave it open for the petitioner to contest the other writ. Consequently, the present PIL was disposed of without further orders.

Issues considered

  • What procedural steps should be taken when a PIL and a separate writ involving the same parties are pending before coordinate benches of the same High Court?

Subjects

  • public interest litigation
  • encroachment
  • state highway
  • coordinate bench
  • jurisdiction
  • petition disposed

Judgment

                                               HIGH COURT OF JUDICATURE AT ALLAHABAD
                                               PUBLIC INTEREST LITIGATION (PIL) No. - 1316 of 2026

                                    Jokhu Ram
                                                                                                 .....Petitioner(s)
                                                                       Versus

                                    National Highway Authority of India and 5 others
                                                                                               .....Respondent(s)

                                    Counsel for Petitioner(s)       : Satyendra Kumar Singh
                                    Counsel for Respondent(s)       : Ramanand Pandey (A.C.S.C.), Vaibhav
                                                                      Tripathi

                                    Chief Justice's Court
                                                HON'BLE ARUN BHANSALI, CHIEF JUSTICE
                                                HON'BLE ARUN KUMAR, J.

                                    1. This writ petition has been filed by the petitioner seeking a direction for
                                    demolition of the encroachments over the State Highway by respondents
                                    no. 4 to 6 and take action against them.

                                    2. Orders were passed by this Court based on the notices issued by the
                                    respondents.

                                    3. Today, instructions have been produced that one of the respondents has
                                    filed Writ-C No. 29809 of 2026 impleading the petitioner as party,
                                    wherein an interim order has been granted by a Coordinate Bench of this
                                    Court.

                                    4. In view of the fact that Coordinate Bench is dealing with the matter
                                    filed by one of the respondents in the present writ petition and present
                                    petition has been filed in the nature of public interest litigation and
                                    petitioner has been impleaded as party respondent therein, while
                                    disposing of the present writ petition, we leave it open for the petitioner to
                                    contest the writ petition filed by the said respondent.

                                    5. The petition is accordingly disposed of.



                                                                       (Arun Kumar, J) (Arun Bhansali, CJ)
                                    September 8, 2026
                                    AHA/Anil




Digitally signed by :-
AFZAL HUSAIN ABBASI
High Court of Judicature at Allahabad


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