Allahabad High Court
PANKAJ SINGHversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- CHANDRA KUMAR RAI
Holding
The Court held that the Tahsildar must decide the eleven pending cases under Section 67 of the U.P. Revenue Code, 2006 after hearing the parties, and disposed of the PIL without ordering removal of the encroachment.
Summary
The petitioner filed a public interest litigation seeking mandamus to remove alleged illegal encroachments on land recorded as road and banjar land in Prayagraj and to compel the District Magistrate to decide a representation dated 16-12-2025. The Court directed the parties to obtain instructions, after which the Sub‑Divisional Officer supplied a list of eleven pending cases under Section 67 of the Uttar Pradesh Revenue Code, 2006 concerning the disputed plot. The petitioner urged the Court to order an expeditious disposal of these cases. Considering the facts, the Court disposed of the PIL, directing the Tahsildar of Bara to decide the eleven pending revenue cases after affording a proper hearing to the parties, thereby ensuring a time‑bound resolution. No order was made regarding the removal of the encroachment or the District Magistrate’s representation.
Issues considered
- Whether the Court can issue a mandamus directing the State to remove alleged illegal encroachments on public utility land.
- Whether the District Magistrate should be compelled to decide the petitioner’s representation promptly.
- Whether the Tahsildar should be directed to decide the pending cases under Section 67 of the U.P. Revenue Code, 2006 expeditiously.
Legislation cited
- Uttar Pradesh Revenue Code, 2006 — s. 67
Subjects
- Public Interest Litigation
- Mandamus
- Illegal Encroachment
- Land Revenue
- Section 67
- Tahsildar
- Expeditious Disposal
- Uttar Pradesh
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 4033 of 2025
Pankaj Singh
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Santosh Kumar, Shakeel Ahmad Azmi
Counsel for Respondent(s) : Azad Rai, C.S.C.
Court No. - 55
HON'BLE CHANDRA KUMAR RAI, J.
1. Learned counsel for the petitioner is permitted to implead Tahsildar,
Bara, Prayagraj as respondent no.5 in the array of the parties to the instant
petition during course of the day.
2. Heard Mr. Shakeel Ahmad Azmi, learned counsel for the petitioner,
Mr. B.N. Pathak, learned Standing Counsel for the State-respondents and
Mr. Azad Rai, learned counsel for the respondent- Gaon Sabha.
3. The instant public interest litigation has been filed for the following
relief:
"a. Issue a writ order or direction in the nature of Mandamus commanding/directing
the state respondents to remove the illegal encroachment over the land bearing Arazi
No. 209 Rakba 0.0800 hectare and Arazi No. 203 Rakba 0.0910 hectare which is
recorded in the revenue record as "Road" and Arazi No.208 which is recorded in
Revenue Record as "Banjar Land" situated at Village Sarsedi, Pargana and Tehsil
Bara, District Prayagraj and bring the said public utility land to its original shape
and size in the interest of justice and Public Interest within stipulated period as
prescribed by this Hon'ble Court.
b. Issue a writ order or direction in the nature of Mandamus commanding/directing to
the District Magistrate, Prayagraj to decide the representation of the petitioner dated
16-12-2025 as early as possible."
4. This Court directed the learned Standing Counsel and learned Counsel
for the Gaon Sabha to obtain instruction in the matter.
WPIL No. 4033 of 2025
2
5. In compliance of the order of this Court, instruction dated 9.2.2026 sent
by Sub-Divisional Officer is taken on record.
6. Learned Standing Counsel on the basis of instruction submitted that 10
cases have been registered in respect to plot no.208 and particular of the
cases are mentioned in the instruction. The particular of the 11 cases are
as under:
T202602030701143, T202602030701146, T202602030701142,
T202602030701150, T202602030701149, T202602030701148,
T202602030701147, T202602030701151, T202602030701144,
T202602030701141, T202602030701140.
7. Learned counsel for the petitioner submitted that the appropriate
direction be issued for expeditious disposal of the pending proceeding
within time bound period.
8. Considering the entire facts and circumstances the instant public
interest litigation is finally disposed of directing respondent no.5/
Tahsildar, Bara, Prayagraj to decide the aforementioned 11 cases
registered 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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