Allahabad High Court
SUBEDAR YADAVversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- ARUN KUMAR
Holding
The court held that it would not issue a mandamus and directed the Tehsildar to decide the pending revenue cases within three months.
Summary
Subedar Yadav filed a public interest litigation seeking a writ of mandamus directing the State authorities to remove an encroachment on a public utility road (Gata No. 262) in Gudnupur village, Basti district. The petitioner argued that the encroachment caused irreparable loss and demanded immediate action. The court noted that the Tehsildar had already initiated proceedings under Section 67 of the U.P. Revenue Code, 2006 against the encroachers, with hearings scheduled for 29 September 2026. Considering the pending administrative process, the court declined to issue a mandamus and instead directed the Tehsildar to decide the cases within three months of receiving a certified copy of the order. The petition was therefore disposed without granting the relief sought.
Issues considered
- Whether the High Court can issue a writ of mandamus directing immediate removal of encroachment on public utility land pending administrative proceedings under the U.P. Revenue Code.
- Whether the petitioner is entitled to relief in the form of a mandamus when the matter is already before the revenue authority.
Legislation cited
- U.P. Revenue Code, 2006 — s. 67
Subjects
- public interest litigation
- mandamus
- encroachment
- public utility land
- U.P. Revenue Code
- administrative law
- writ jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 2233 of 2026
Subedar Yadav
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Pankaj Kumar Shukla
Counsel for Respondent(s) : C.S.C., Pankaj Kumar Gupta
Court No. - 51
HON'BLE ARUN KUMAR, J.
1. Heard learned counsel for the petitioner and learned Standing Counsel
for the respondent State. Sri Pankaj Kumar Gupta, Advocate has accepted
notice on behalf of Gaon Sabha.
2. The present writ petition has been filed seeking following relief:-
"I. Issue a suitable writ order or direction in the nature of mandamus directing the
respondent authorities Manley Respondent no.2 and 3 to issue a suitable writ order or
direction in the nature of mandamus directing the respondent authorities Manley
Respondent no.2 and 3 to removal of the encroachment over the public utility land
(Rasta) Gata no. 262 ka area 0.0780 hectare regarding to land situated Village-
Gudnupur, Tappa-Sikanderpur, Pargana-Amodha, Tahsil -Harriya, District -Basti. As
possible stipulated time which is fixed by this Hon'ble court otherwise petitioner shall
suffer irreparable loss and injury."
3. Learned Standing Counsel has placed before the Court the instructions
dated 16.9.2026 sent by Tehsildar, Tehsil Harraiya, District Basti, which
is taken on record.
4. Perusal of the aforesaid instructions shows that in proceedings under
Section 67 of the U.P. Revenue Code, 2006, Case Nos.
T202617140120305, T202617140120304 and T202617140120303 have
been registered against the encroachers for unauthorized occupation over
the plot in question, which is pending consideration before the Tehsildar,
Tehsil Harraiya, District Basti and the next date fixed in the aforesaid
cases are 29.9.2026.
WPIL No. 2233 of 2026
2
5. In view of the aforesaid, the present writ petition is disposed of with
direction to the Tehsildar, Tehsil Harraiya, District Basti to decide the
aforesaid pending cases, in accordance with law, after hearing the parties
concerned, within a period of three months from the date of presentation
of a certified copy of this order.
(Arun Kumar,J.)
September 18, 2026
Anil
Digitally signed by :-
ANIL KUMAR PATEL
High Court of Judicature at Allahabad
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