Allahabad High Court

NARAYANI PRASAD SINGHversusSTATE OF U.P. AND 6 OTHERS

Decided: 4 May 2026
Bench: ARUN KUMAR

Holding

The petition is dismissed as there is no encroachment and it does not constitute a public interest litigation.

Summary

The petitioner filed a public interest litigation seeking a mandamus directing certain state officials to take legal action against Respondent No.7 for alleged encroachment on public utility land in Varanasi. The court ordered an inspection, which found no obstruction or encroachment on the specified plots. The respondent counsel argued that the petition stemmed from a personal grievance, citing a prior writ petition filed by the petitioner. The court observed that the present petition was not in the public interest but was motivated by a personal grudge. Consequently, the court held that no further direction was warranted and dismissed the petition as misconceived.

Issues considered

Whether the petition qualifies as a public interest litigation.
Whether there is any encroachment or obstruction on the land in question.
Whether the court can issue a mandamus directing state officials to act against the alleged encroacher.

Subjects

public interest litigation
mandamus
encroachment
land
standing
dismissal

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 3026 of 2025

Narayani Prasad Singh
.....Petitioner(s)
Versus

State Of U.P. And 6 Others
.....Respondent(s)

Counsel for Petitioner(s) : Ankur Rai, Sunil Kumar Singh, Vikalp
Kumar Rai
Counsel for Respondent(s) : Alok Mishra, Bhupendra Kumar
Tripathi, C.S.C.

Court No. - 55
HON'BLE ARUN KUMAR, J.

1. The present petition has been filed seeking following relief:

"Issue a writ, order or direction in the nature of mandamus
commanding/directing the Respondents No. 2 to 4 the to take
legal steps against encroacher/Respondent No. 7 for removal of
the encroachment, nuisance and obstruction over the public
utility land bearing Gata No.- 98 Area 0.0420 Hectare
(Chakmarg), 99 Area 0.0130 (Nali) and 103 Area 0.0330
(Chakmarg), situated in Village- Bakhani, Pargana-Dehat
Amanat, Tehsil- Rajatalab, District- Varanasi and Gata No. 92
Area 0.0340 Hectare (Nali), Gata No. 92Kha Area 0.0080
Hectare (Nali Nalkoop), Gata No. 94 Area 0.0160 Hectare
(Chakmarg), Gata No. 96Ka Area 0.0330 Hectare (Nali
Nalkoop), Gata No. 96Kha Area 0.0260 Hectare (Nali
Nalkoop) and Gata No. 97 Area 0.0530 Hectare (Chakmarg)
situated in Village- Misirpur, Pargana- Dehat Amanat, Tehsil
Rajatalab, District-Varanasi and to restore the status of the
Nali, Nali Nalkoop and Chakmarg in its original nature, within
stipulated period as may be fixed by this Hon'ble Court."

2. In pursuance of the direction of this Court, instruction dated
27.10.2025 has been placed before the Court by learned Standing
Counsel, which is taken on record.
WPIL No. 3026 of 2025
2

3. Perusal of the aforesaid instruction shows that during inspection of
revenue team held on 17.10.2025, no obstruction or encroachment was
found by the respondent no.7 over the plots in question as alleged by the
petitioner in the present petition.

4. Sri Anuj Tripathi, holding brief of Sri Alok Mishra, learned counsel
for the respondent no.7 states that petitioner has some personal grudge
against respondent no.7, as earlier he had filed a writ petition being Writ-
A No.14814 of 2025 alleging irregularities against him while working as
Professor in which following order was passed on 26.09.2025:

"1. The instant writ petition has been filed seeking for the
following relief:-

"i. Issue a writ, order or direction in the nature of Mandamus
commanding the Respondent No. 1, i.e., the Additional Chief
Secretary/Principal Secretary, Higher Education, U.P. at
Lucknow, to enquire into the irregularities done by the
Respondent No. 4 during his working period as the Professor in
the aforesaid institution.

ii. Issue a writ, order or direction in the nature of Mandamus
commanding the Respondent No. 1, i.e., the Additional Chief
Secretary/Principal Secretary, Higher Education, U.P. at
Lucknow, to decide the representations given by the Petitioner
dated 01.07.2025 (Annexure No. 3 to writ petition),
expeditiously within a stipulated period as may be fixed by this
Hon'ble Court."

2. Learned counsel appearing on behalf of petitioner without
entering into the merits of the case made innocuous prayer that
he may be permitted to file fresh representation before
respondent no.1 and a direction may be issued to him to decide
the same in time bound manner.

3. Sri D. K. Verma, learned standing counsel appearing on
behalf of State-respondents vehemently opposed the petition on
merit, but has not opposed the prayer as made by learned
WPIL No. 3026 of 2025
3

counsel appearing on behalf of the petitioner.

4. Heard learned counsel appearing on behalf of the petitioner
and Sri D. K. Verma, learned Standing Counsel and perused
the contents made in the writ petition.

5. Without entering into merits of the case, I am inclined to
allow the innocuous prayer made by learned counsel for the
petitioner as no objection made by learned standing counsel.
Petitioner is directed to file a fresh representation along with
the present writ petition and certified copy of this order before
respondent no.1 Principal Secretary, Higher Education, U.P. at
Lucknow within 10 days. After receiving the said
representation, the respondent no.1 is directed to decide the
said representation in accordance with law, expeditiously,
preferably within a period of six weeks from the date of receipt
of the said representation.

6. With the aforesaid directions/observations, the present writ
petition is disposed of."

5. In view of the aforesaid facts, it is evident that the present PIL is not in
public interest but to redress some personal grudge against respondent
no.7.

6. As no obstruction or encroachment has been found over the plots in
question, no further direction is required to be issued in the present
petition. Writ petition being misconceived is, accordingly, dismissed.

(Arun Kumar,J.)
May 5, 2026
Ashok Kr.

Digitally signed by :-
ASHOK KUMAR
High Court of Judicature at Allahabad

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