Allahabad High Court
MAHENDRA CHAUHANversusSTATE OF U.P. AND 6 OTHERS
- Decided
- Bench
- CHANDRA KUMAR RAI
Holding
The petition is disposed of, with the Tahsildar directed to decide the ten pending cases under Section 67 of the U.P. Revenue Code, 2006 after hearing the parties.
Summary
The petitioner filed a public interest litigation seeking a writ of mandamus directing the State and local authorities to remove alleged illegal encroachments by private parties on three parcels of Gaon Sabha land in Mau district. The State responded that ten cases under Section 67(1) of the Uttar Pradesh Revenue Code, 2006 have already been registered concerning two of the parcels, and that there is no encroachment on the third parcel. The court examined the instruction from the Tahsildar and the pending revenue cases, and concluded that the matter should be resolved through those existing proceedings. Accordingly, the court disposed of the PIL, directing the Tahsildar to decide the ten pending cases under Section 67 after affording a proper hearing to the parties. No direct order for removal of the encroachment was issued.
Issues considered
- Whether the High Court can issue a writ of mandamus directing removal of alleged encroachments on public utility land pending pending revenue cases under Section 67 of the U.P. Revenue Code.
- Whether the pending cases under Section 67 should be decided before any further relief can be granted in the PIL.
Legislation cited
- Uttar Pradesh Revenue Code, 2006 — s. 67(1)
Subjects
- public interest litigation
- mandamus
- illegal encroachment
- Gaon Sabha land
- U.P. Revenue Code
- Section 67
- Tahsildar
- land dispute
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 3928 of 2025
Mahendra Chauhan
.....Petitioner(s)
Versus
State Of U.P. And 6 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ajay Kumar Srivastava, Anand Priya
Singh
Counsel for Respondent(s) : C.S.C., Rameshwar Prasad Shukla
Court No. - 55
HON'BLE CHANDRA KUMAR RAI, J.
1. Heard Mr. Ajay Kumar Srivastava, learned counsel for the petitioner,
Mr. Rajesh Kumar Tiwari, learned Additional Chief Standing Counsel for
the State-respondents and Mr. Rameshwar Prasad Shukla, learned counsel
for the respondent- Gaon Sabha.
2. The instant petition has been filed for the following reliefs:
"I. Issue a writ, order or direction in the nature of mandamus directing the
respondents remove the illegal encroachment made by the private respondents over
public utility Gaon Sabha land Naveen Parti Arazi Gata no.140 measuring area
0.03050 hectare, Manure Pits Arazi Gata No 142 measuring area 0.0850 hectare and
Chak Marg Arazi Gata no. 144 measuring area 0.1360 hectare situated at Village
Piruwa, Police Station Ranipur, Tehsil Mohammadabad Gohna, District Mau.
ії) Issue a writ, order or direction in the nature of mandamus directing the respondent
nos.2 & 3 to take the necessary action for remove the illegal encroachment made by
the private respondents over public utility land Naveen Parti Arazi Gata no.140
measuring area 0.03050 hectare, Manure Pits Arazi Gata No 142 measuring area
0.0850 hectare and Chak Marg Arazi Gata no. 144 measuring area 0.1360 hectare
situated at Village Piruwa, Police Station Ranipur, Tehsil Mohammadabad Gohna,
District Mau."
3. This Court directed the learned Standing Counsel and learned counsel
for the Gaon Sabha to obtain instruction in the matter.
WPIL No. 3928 of 2025
2
4. In compliance of the order of this Court, instruction dated 11.2.2026
sent by Tahsildar, Mohammadabad Gohna, Mau is taken on record.
5. Learned Additional Chief Standing Counsel on the basis of instruction
submitted that in respect to plot nos.140 & 144, ten cases have been
registered under Section 67 (1) of U.P. Revenue Code, 2006 and
particular of the cases are mentioned in the instruction. He further
submitted that there is no encroachment in plot no.142.
6. Learned counsel for the petitioner submitted that appropriate direction
be issued for expeditious disposal of the aforementioned proceeding
within time bound period.
7. The particular of the ten cases which have been registered as mentioned
in the instruction are as under:
"T202615510402269, T202615510402270, T202615510402271,
T202615510402272, T202615510402273, T202615510402274,
T202615510402275, T202615510402276, T202615510402277,
T202615510402278."
8. Considering the entire facts and circumstances of the case, the instant
public interest litigation is finally disposed of directing respondent no.3/
Tahsildar, Mohammadabad Gohna, Mau to decide the aforementioned ten
cases under Section 67 of U.P. Revenue Code, 2006 after affording proper
opportunity of hearing to the parties expeditiously.
(Chandra Kumar Rai,J.)
March 19, 2026
Rameez
Digitally signed by :-
RAMEEZ AHMED
High Court of Judicature at Allahabad
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