Allahabad High Court
RAMAversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- ARUN KUMAR
Holding
Mandamus cannot be issued as the petitioner failed to make the required application under Section 67 of the U.P. Revenue Code, 2006.
Summary
The petitioner, Rama, filed a public interest litigation seeking a writ of mandamus directing certain respondents to take action on alleged non-exchange of specific land parcels in Mau district. The court noted that the grievance falls under Section 67 of the Uttar Pradesh Revenue Code, 2006, which provides a specific administrative remedy before the Tehsildar. The petitioner had not filed the requisite application with the appropriate authority, having only submitted a representation to the District Magistrate through the Gram Pradhan. Consequently, the court held that mandamus could not be issued in the absence of exhaustion of the statutory remedy. The petition was therefore disposed, with liberty granted to the petitioner to pursue the proper application under the law.
Issues considered
- Whether a writ of mandamus can be issued when the petitioner has not exhausted the remedy provided under Section 67 of the U.P. Revenue Code, 2006
- Whether the court can entertain a PIL seeking mandamus without a prior application to the appropriate administrative authority
Legislation cited
- U.P. Revenue Code, 2006 — s. 67
Subjects
- public interest litigation
- mandamus
- statutory remedy
- land encroachment
- Uttar Pradesh Revenue Code
- administrative law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 2337 of 2026
Rama
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Muqeem Ahmad
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 nos. 1 to 3. Sri Rameshwar Prasad Shukla has accepted
notice 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 mandamus commanding/directing
the respondent nos. 2 to 4 to take appropriate action for not exchanging the Aarazi
No. 56 measuring area 230 are situated in Village Tayyabpur and Aarazi No. 181
area 94 are situated at Village Mahmood Sarai, Tehsil Madhuvan, District Mau with
the land of respondent no. 5 situated in the village Padarathpur, Tehsil Madhuvan,
District Mau."
3. In respect of the grievance of the petitioner there exist an appropriate
remedy under Section 67 of the U.P. Revenue Code, 2006 to make an
appropriate application before the Tehsildar for removing the obstructions
and encroachment over public utility land of the Gaon Sabha.
4. A perusal of the writ petition shows that the petitioner has not
represented before appropriate authority and has straight away
approached this Hon'ble Court seeking a writ of mandamus. The
petitioner has annexed a representation dated 8.9.2026, made to the
District Magistrate, Mau through the Gram Pradhan of Gram Panchayat
Mahmood Sarai. On the said application certain villagers have put their
signatures which includes that of the petitioner.
WPIL No. 2337 of 2026
2
5. In view of the fact that no proper application for redressal of his
grievances have been made by the petitioner before the appropriate
authority, no mandamus can be issued at his instance.
6. In the aforesaid circumstances, the present petition is disposed of with
liberty to the petitioner to move an appropriate application, as
contemplated under law, for redressal of his grievances.
(Arun Kumar,J.)
September 30, 2026
Ranjeet Sahu
Digitally signed by :-
RANJEET SAHU
High Court of Judicature at Allahabad
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