Allahabad High Court
SACHIN KUMARversusSTATE OF U.P. AND 15 OTHERS
- Decided
- Bench
- ARUN KUMAR
Holding
The writ petition is dismissed as misconceived because the matter is a private dispute and a civil suit is already pending.
Summary
The petitioner filed a public interest litigation seeking a writ of mandamus to compel the respondents to remove alleged illegal encroachments on a government drain at Village Lohara, Azamgarh. The court examined instructions from the Deputy District Magistrate showing that the land in question is privately owned and that the drain dispute pertains to a different plot. It was noted that an original civil suit (No. 976 of 2025) concerning the same drain is pending against the petitioner's father, a fact not disclosed in the writ petition. The court held that the dispute is essentially a private matter and that the existence of a pending suit precludes the issuance of a writ. Consequently, the petition was dismissed as misconceived.
Issues considered
- Whether a PIL seeking mandamus for removal of encroachment on a drain is maintainable when the dispute is private.
- Whether the existence of a pending civil suit bars the court from granting relief in a writ petition.
- Whether the petitioner’s failure to disclose the pendency of the civil suit affects the writ petition.
Subjects
- public interest litigation
- mandamus
- illegal encroachment
- government drain
- private dispute
- pending civil suit
- jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 2298 of 2026
Sachin Kumar
.....Petitioner(s)
Versus
State Of U.P. And 15 Others
.....Respondent(s)
Counsel for Petitioner(s) : Deep Narayan, Rajesh Tripathi
Counsel for Respondent(s) : C.S.C., Rameshwar Prasad Shukla
Court No. - 51
HON'BLE ARUN KUMAR, J.
1. Heard learned counsel for the petitioner and learned Standing Counsel
for the respondent State. Sri Rameshwar Prasad Shukla, Advocate has
accepted notice on behalf of Gaon Sabha.
2. The present writ petition has been filed seeking following relief:-
"(a) issue a writ, order or direction in the nature of Mandamus commanding
respondent nos. 1 to 7 to forthwith remove the illegal encroachment/obstruction
raised by respondent nos. 8 to 16 over the public Government drain situated at Gata
No. 1790, Village Lohara, Tehsil Budhanpur, District Azamgarh, and to restore free
and unobstructed flow of waste/sewage water of the Gram Sabha through the said
drain;"
3. Today when the case was taken up, learned Standing Counsel has
placed before the Court the instructions dated 19.9.2026 sent by Deputy
District Magistrate, Budhanpur, District Azamgarh, which is taken on
record.
4. Perusal of the aforesaid instructions shows that Plot No.1790 area
0.028 hectare is recorded in the name of Shiv Prasad son of Poladi as
bhumidhar with transferable rights on which no drain exists. The dispute
actually relates to Plot No.1798 recorded as Abadi. The drain is claimed
by Subhash, Rampal, Kalawati, Indrajeet and others, the respondent nos.8
to 16, to have been constructed by them. However, the Gram Pradhan has
stated in writing that it was constructed by the Gaon Sabha fund. In
respect of the drain in question, an Original Suit No.976 of 2025 has
WPIL No. 2298 of 2026
2
already been filed by the private respondents against the father of the
petitioner.
5. After perusal of the instructions, it is evident that the fact regarding
pendency of civil suit against the father of the petitioner has not been
disclosed in the present writ petition. The nature of dispute appears to be
private dispute having no public interest. Moreover, once remedy under
common law is already pending in respect of drain in question, no
direction is required to be issued by this Court in the present PIL.
6. The writ petition being misconceived is, accordingly, dismissed.
(Arun Kumar,J.)
September 24, 2026
Anil
Digitally signed by :-
ANIL KUMAR PATEL
High Court of Judicature at Allahabad
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