Allahabad High Court
CHHATRAPALversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- ARUN KUMAR
Holding
The Court held that where appropriate revenue proceedings are already pending, a writ of mandamus is unnecessary and the petition should be disposed with directions to the authority to decide the existing cases within a stipulated time.
Summary
The petitioner, Chhatrapal, filed a public interest litigation seeking a writ of mandamus to compel the State of Uttar Pradesh and other respondents to remove encroachments on public pond and Usar land (plots 406 and 407) in Village Karmon, Fatehpur district. The Court examined the instructions from the Tehsildar, which showed that proceedings under Section 67(1) of the Uttar Pradesh Revenue Code, 2006, had already been initiated against the encroachers, with multiple case numbers listed. The Court noted that the administrative process was underway and therefore did not issue a mandamus. Instead, it directed the Tehsildar to decide the pending cases within three months after hearing all parties, in accordance with law. The petition was consequently disposed of without granting the specific relief sought.
Issues considered
- What relief, if any, is appropriate when a public authority has already initiated proceedings under Section 67(1) of the U.P. Revenue Code, 2006, to remove encroachments on public land?
Legislation cited
- U.P. Revenue Code, 2006 — s. 67(1)
Subjects
- public interest litigation
- writ of mandamus
- encroachment
- public pond
- Usar land
- U.P. Revenue Code
- Section 67
- administrative law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 3923 of 2025
Chhatrapal
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Sharad Kumar Srivastava
Counsel for Respondent(s) : Azad Rai, C.S.C.
Court No. - 55
HON'BLE ARUN KUMAR, J.
1. Heard Sri Sharad Kumar Srivastava, learned counsel for the petitioner;
learned Standing Counsel for the respondent nos. 1 to 3 and Sri Rajan
Chauhan holding brief of Sri Azad Rai for the respondent no. 4.
2. The present petition has been filed for the following relief:-
"(i) issue a writ of mandamus directing and commanding the respondent authority to
immediately take action for removing the encroachment of respondent no. 5 over the
gata number 406 and 407 recorded as public pond & Usar land in revenue record,
situated in Village Karmon, Tehsil Khaga, District Fatehpur."
3. In pursuance of the direction of this Court, instructions dated
11.02.2026, sent by Tehsildar Khaga, District Fatehpur, has been placed
before the Court, which is taken on record.
4. A perusal of the aforesaid instructions shows that against the
encroachers of Plot Nos. 406 and 407, proceedings under Section 67(1) of
the U.P. Revenue Code, 2006, have already been initiated and following
cases are registered against them, before the Tehsildar Khaga, District
Fatehpur:-
"T202602250301762; T202602250301763; T202602250301764;
T202602250301759; T202602250301760; T202602250301761;
T202602250301751; T202602250301752; T202602250301753;
WPIL No. 3923 of 2025
2
T202602250301754; T202602250301755; T202602250301756;
T202602250301757; T202602250301758"
5. In view of the aforesaid, the present petition is disposed of with the
direction to the Tehsildar Khaga, District Fatehpur, to decide the aforesaid
cases under Section 67(1) of the Revenue Code, pending before him, in
accordance with law, after hearing all the concerned parties, within a
period of three months, from the date of presentation of a certified copy of
this order.
(Arun Kumar,J.)
May 15, 2026
Ranjeet Sahu
Digitally signed by :-
RANJEET SAHU
High Court of Judicature at Allahabad
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