Allahabad High Court
RAMRAJversusSTATE OF U.P. AND 6 OTHERS
- Decided
- Bench
- ARUN KUMAR
Holding
The court held that no judicial interference is warranted and the petitioner must seek correction of the revenue records through the appropriate authority.
Summary
The petitioner filed a public‑interest litigation seeking mandamus to delete the entry of Gata No. 46 (a pond) from revenue records and to evict occupants, relying on a letter from the Deputy District Magistrate alleging the entry was fictitious. The court held that mere suspicion expressed by the magistrate does not justify initiating eviction proceedings against the recorded tenure‑holders of the plot. It observed that the petitioner’s correct remedy is to move an application before the appropriate revenue authority for correction of any error or omission in the records. Accordingly, the court declined to issue any writ of mandamus and disposed of the petition, while allowing the petitioner to approach the revenue authority. The order further stated that any such application, if filed, will be considered and decided in accordance with law.
Issues considered
- Can a PIL seeking mandamus to correct revenue records and evict occupants be entertained on the basis of a magistrate’s suspicion?
- Is the petitioner required to approach the revenue authority for correction of records before seeking judicial intervention?
- Does the court have jurisdiction to interfere with the rights of recorded tenure‑holders without a specific application?
Subjects
- public interest litigation
- mandamus
- revenue records
- land encroachment
- correction of entries
- eviction
- district magistrate
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 3041 of 2025
Ramraj
.....Petitioner(s)
Versus
State Of U.P. And 6 Others
.....Respondent(s)
Counsel for Petitioner(s) : Brajesh Shukla, Sushil Kumar Shukla
Counsel for Respondent(s) : Azad Rai, C.S.C.
Court No. - 55
HON'BLE ARUN KUMAR, J.
1. Heard Sri Brajesh Shukla, learned counsel for the petitioner; learned
Standing Counsel for the respondent nos. 1 to 3 and Sri Azad Rai for the
respondent no. 7.
2. The present petition has been filed for the following relief:
"i. Issue a writ, order or direction in the nature of Mandamus directing
the respondent authority to take appropriate action in order to correct the
entry of Gata No.46 area 4 Bigha, 8 Biswa as a pond by deleting the entry
of private respondent and others.
ii. Issue a writ, order or direction in the nature of Mandamus directing
the respondent authority to take appropriate action to remove the
encroachment upon the pond vide gata no.46, within stipulated period
fixed by this Hon'ble Court.
iii. Issue a writ, order or direction in the nature of Mandamus directing
the respondent to take appropriate action on the letter issued by the Sub
Divisional Officer, Tehsil Phoolpur, District Prayagraj dated
17.02.2020."
3. It is contended by the learned counsel for the petitioner that the Deputy
District Magistrate, Phoolpur, Prayagraj has issued a letter to the Registrar
Kanoongo stating that the entries in respect of Plot No. 46Ga appears to
be fictitious, therefore, a direction may be issued to remove the illegal
occupation from the said land.
WPIL No. 3041 of 2025
2
4. The said prayer of the petitioner on the basis of some suspicion in the
mind of Deputy District Magistrate cannot be the basis for initiating
proceeding for eviction of the respondent no. 5 and 6 who are recorded
tenure holders of the plot in question.
5. The petitioner has a remedy of moving an application before the
appropriate authority for correction of records, if any error or omission is
find in the revenue records.
6. In view of the aforesaid, no interference is warranted in the matter, at
this stage. However, the present petition is disposed of with the liberty to
the petitioner to approach the appropriate authority for correction of the
revenue records. If any such application is filed by the petitioner before
the respondent no. 3, it shall be considered and decided, in accordance
with law.
(Arun Kumar,J.)
May 5, 2026
Ranjeet Sahu
Digitally signed by :-
RANJEET SAHU
High Court of Judicature at Allahabad
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