Allahabad High Court

PREM CHANDRA PATELversusSTATE OF U.P. AND 6 OTHERS

Decided: 14 May 2026
Bench: ARUN KUMAR

Holding

The petition is dismissed; the matter is referred to the Tehsildar to decide the pending case under Section 67 of the U.P. Revenue Code, 2006.

Summary

The petitioner, Prem Chandra Patel, filed a public interest litigation seeking a writ of mandamus to compel the State and other respondents to vacate an alleged illegal encroachment on Gram Sabha land (Arazi No. 531) in Prayagraj. The Court examined an instruction from the Deputy District Magistrate showing that the petitioner himself was occupying the plot and that proceedings under Section 67 of the Uttar Pradesh Revenue Code, 2006 were already pending against him. The Court held that the petitioner could not obtain a mandamus while he was himself an encroacher and that the appropriate remedy lay in the pending revenue proceedings. Consequently, the petition was dismissed and the Court directed the Tehsildar to decide the pending case under Section 67 within three months, after hearing all parties. The order effectively placed the matter back with the revenue authority for resolution.

Issues considered

Whether the High Court can issue a writ of mandamus directing eviction of respondents from Gram Sabha land when the petitioner is himself in illegal occupation of the same land.
Whether the pending proceedings under Section 67 of the Uttar Pradesh Revenue Code, 2006 provide the exclusive remedy for the dispute.

Legislation cited

Uttar Pradesh Revenue Code, 2006 — s. 67, 67(1)

Subjects

public interest litigation
mandamus
encroachment
Gram Sabha land
Uttar Pradesh Revenue Code
Section 67
eviction
illegal occupation
revenue proceedings

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 3936 of 2025

Prem Chandra Patel
.....Petitioner(s)
Versus

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

Counsel for Petitioner(s) : Saurabh Yadav
Counsel for Respondent(s) : Azad Rai, C.S.C., Sanjeev Patel

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

1. Heard Sri Saurabh Yadav, learned counsel for the petitioner, learned
Standing Counsel for the State respondents and Sri Sanjeev Patel, learned
counsel for the respondent nos.6 and 7. Sri Azad Rai, Advocate has
accepted notice on behalf of respondent Gaon Sabha.

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

"Issue a writ, order or direction in the nature of mandamus
directing the respondent authorities to vacate the encroachment
in Gram Sabha Land, Arazi No. Arazi No. 531 (mentioned in
Revenue Record as Naveen Parti), which is situated in Gram
Sabha Village Fazila Bad Urf Kalpur Pargana Sikandara,
Tehsil Phoolpur, District Prayagraj which is illegally
encroached by the respondent No. 6 & 7."

3. In pursuance of the direction of this Court, the instruction dated
28.01.2026, sent by the Deputy District Magistrate, Phoolpur, Prayagraj,
has been placed before the Court by learned Standing Counsel, which is
taken on record.

4. Perusal of the aforesaid instruction shows that plot no.531 area 0.0340
hectare is recorded as Naveen Parti in the revenue records. During the
inspection of revenue team on 07.01.2026, the petitioner himself was
found in illegal occupation of the aforesaid plot. Proceedings under
Section 67 of the U.P. Revenue Code, 2006 are already pending against
him before the Tehsildar, Phoolpur, Prayagraj as Case
WPIL No. 3936 of 2025
2

No.T202502030226589.

5. Learned counsel for the petitioner prays for time to file objection to the
said instruction.

6. However, no useful purpose would be served in keeping the matter
pending as proceedings under Section 67(1) of the Code are already
registered against the person, who has encroached upon the plot in
question. If the petitioner thinks that respondent no.6 and 7 are also in
illegal occupation of the plot in question, he is at liberty to approach the
appropriate authority under Section 67(1) of the Code for their eviction.

7. In view of the aforesaid, the present petition is disposed of with
direction to Tehsildar, Phoolpur, Prayagraj to decide the Case
No.T202502030226589 under Section 67(1) of the U.P. Revenue Code,
2006, pending before him, in respect of plot in question, by passing
appropriate order, in accordance with law, after hearing all the parties
concerned, within a period of three months from the date of presentation
of a certified copy of this order.

(Arun Kumar,J.)
May 15, 2026
Ashok Kr.

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

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