Allahabad High Court
SHIVLALversusSTATE OF U.P. AND 6 OTHERS
- Decided
- Bench
- ARUN KUMAR
Holding
The High Court held that it cannot order eviction or demolition while an interim injunction is operating and the matter must await the decision of the pending suits.
Summary
The petitioner filed a public interest litigation seeking a writ of mandamus directing the Tehsildar of Gyanpur to remove alleged illegal encroachments on three plots of land in Village Kaliyapur, Bhadohi. The petition relied on IGRS complaints showing that civil suits concerning the plots were pending and that an interim injunction of status quo was already operating, with no construction on any plot. The Court examined whether it could issue an eviction or demolition order while the suits were pending. It held that the existing interim injunction precludes any further direction for eviction and that the grievance must be resolved through the pending suits. Accordingly, the Court dismissed the writ petition as misconceived, directing that the matter await the final decision of the lower courts.
Issues considered
- Can the High Court issue a mandamus directing eviction when an interim injunction is already in force on the same property?
- Is the writ petition maintainable given that the underlying civil suits are pending?
Subjects
- public interest litigation
- mandamus
- interim injunction
- land encroachment
- civil suit
- court jurisdiction
- status quo
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 2356 of 2026
Shivlal
.....Petitioner(s)
Versus
State Of U.P. And 6 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rajesh Yadav, Sanjay Kumar Yadav
Counsel for Respondent(s) : C.S.C., Pradeep Singh
Court No. - 51
HON'BLE ARUN KUMAR, J.
1. The present writ petition has been filed seeking following relief:-
"I. Issue a writ, order or direction in the nature of mandamus commanding and
directing the respondent authorities particularly respondent no.3/Tehsildar, Tehsil-
Gyanpur, Bhadohi to remove the illegal encroachment made by private respondents
over Araji No. 17 measuring area 0.1770 hectare, Araji No. 21 area 0.5060 hectare
and Araji No. 36 area 0.617 hectare of Village-Kaliyapur @ Puredalthamman,
Tehsil-Gyanpur, District-Bhadohi and also made within reason and stipulated period
as fixed by this Hon'ble Court."
2. Perusal of the averments made in the writ petition and documents
annexed with it shows that a report was submitted on an IGRS complaint
by the Deputy District Magistrate, Gyanpur, Bhadohi on 7.2.2025, which
shows that in respect of Plot Nos.21 and 36, Original Suit Nos. 948 of
2018, 942 of 2018, 949 of 2018, 941 of 2018 and 943 of 2018 are pending
before the Civil Judge (Junior Division), Bhadohi in which interim
injunction of status quo is operating and that no constructions are being
raised in Plot Nos.17, 21 and 36. The said report has been reiterated on an
another IGRS complaint dated 14.6.2026 annexed as Annexure-4 to the
writ petition.
3. In view of the aforesaid, as there is already an order of interim
injunction operating in respect of the plots in question, no direction for
eviction or demolition can be issued by this Court in the present PIL. The
grievance of the petitioner can be redressed only after the aforesaid suits
WPIL No. 2356 of 2026
2
are decided, in accordance with law.
4. The present writ petition being misconceived is, accordingly,
dismissed.
(Arun Kumar,J.)
October 1, 2026
Anil
Digitally signed by :-
ANIL KUMAR PATEL
High Court of Judicature at Allahabad
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