Allahabad High Court

RANDHEER SINGHversusSTATE OF U.P. AND 4 OTHERS

Decided: 28 September 2026
Bench: ARUN KUMAR

Holding

The petition is disposed of as the pending revenue proceedings are expected to resolve the encroachment matter.

Summary

The petitioner filed a public interest litigation seeking a writ of mandamus directing the respondents to remove an alleged illegal encroachment on Arazi No. 249, Mauza Donwar, recorded as a road in the revenue records. The petitioner relied on RC Forms 19 & 20 issued under Rule 67 of the Uttar Pradesh Revenue Code Rules, 2016, and a case registered under Section 67(1) of the Uttar Pradesh Revenue Code, 2006, which is still pending. The respondents argued that appropriate proceedings have already been initiated against the encroacher and that the matter will be decided within the time frame prescribed by Rule 67(6) of the Rules. The Court examined whether it could issue mandamus while the statutory process was ongoing. Concluding that the pending proceedings are the proper forum for resolution, the Court disposed of the writ petition without granting the relief sought.

Issues considered

Whether a writ of mandamus can be issued to direct removal of an encroachment when a proceeding under the Uttar Pradesh Revenue Code is pending.

Legislation cited

Uttar Pradesh Revenue Code, 2006 — s. Section 67(1)
Uttar Pradesh Revenue Code Rules, 2016 — s. Rule 67, Rule 67(6)

Subjects

public interest litigation
mandamus
illegal encroachment
revenue law
Uttar Pradesh Revenue Code
writ petition
land removal

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD

PUBLIC INTEREST LITIGATION (PIL) No. - 2325 of 2026

Randheer Singh
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)

Counsel for Petitioner(s) : Dhiraj Srivastava, Pradeep Kumar
Counsel for Respondent(s) : C.S.C., Sudhir Bharti

Court No. - 51
HON'BLE ARUN KUMAR, J.

1. Heard learned counsel for the petitioner, learned Standing Counsel for the
respondent nos. 1 to 3 and Sri Sudhir Bharti on behalf of respondent no. 4.

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

"i. issue a writ order or direction in the nature of mandamus commanding the
respondents authority to remove the illegal encroachment over the Arazi No. 249
Mauza Donwar (Unval) Tahsil Bansgaon District-Gorakhpur recorded as Rasta
in Revenue Record within stipulated period as fixed by this Hon'ble Court."

3. It is contended by the learned counsel for the petitioner that on the complaint made
by him, R.C. Forms 19 & 20, as contemplated under Rule 67 of the U.P. Revenue
Code Rules, 2016 have been issued to the respondent no. 5 and Case No.
T202603310109481 has been registered under Section 67(1) of the U.P. Revenue
Code, 2006, which is pending consideration.

4. In view of the aforesaid, as appropriate proceedings have been initiated against the
encroacher, it is expected that it shall be concluded in accordance with law within the
period prescribed under Rule 67(6) of the U.P. Revenue Code Rules, 2016.

5. The writ petition is, accordingly, disposed of.

(Arun Kumar,J.)
September 29, 2026
Ranjeet Sahu

Digitally signed by :-
RANJEET SAHU
High Court of Judicature at Allahabad

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