Allahabad High Court
FIROZ AHMEDversusSTATE OF U.P. AND 5 OTHERS
- Decided
- Bench
- CHANDRA KUMAR RAI
Holding
The court declined to grant mandamus and disposed of the PIL, directing the Tehsildar to decide the pending revenue case expeditiously.
Summary
Firoz Ahmed filed a public interest litigation seeking a mandamus directing the State to remove an alleged illegal encroachment on Gata No. 901 Ka (0.3560 ha) in Village Vairagal, Basti, and to compel the District Magistrate to decide his application dated 30‑Oct‑2023. The State Law Officer informed the court that the plot is recorded as a public road (rasta) and a portion is held by a Class‑1‑Ka tenure holder, and that the land is a minjumla plot with pending revenue proceedings under Section 30(2) of the U.P. Revenue Code, 2006. A separate proceeding under Section 67 of the same Code concerning construction on the plot (case No. T202617140104331, Gaon Sabha v. Wadiujama) is already underway. Considering these facts, the court declined to issue mandamus and disposed of the PIL, directing the Tehsildar to decide the pending revenue case expeditiously after affording parties a proper opportunity.
Issues considered
- Whether the court should issue a mandamus directing removal of the alleged encroachment on the disputed plot.
- Whether the court should direct the District Magistrate to decide the petitioner’s application dated 30‑Oct‑2023 within a stipulated period.
Legislation cited
- U.P. Revenue Code, 2006 — s. 30(2), 67
Subjects
- public interest litigation
- mandamus
- illegal encroachment
- U.P. Revenue Code
- land dispute
- minjumla plot
- expeditious disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 426 of 2026
Firoz Ahmed
.....Petitioner(s)
Versus
State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ravindra Prakash Srivastava, Vikash
Singh Yadav
Counsel for Respondent(s) : C.S.C., Pankaj Kumar Gupta
Court No. - 55
HON'BLE CHANDRA KUMAR RAI, J.
1. Supplementary affidavit along with the complete copy of the khatauni
of the plot in question filed on behalf of the petitioner is taken on record.
2. Heard learned Counsel for the petitioner, Mr. Ram Dhan, learned State
Law Officer for the State respondent and Mr. Pankaj Kumar Gupta,
learned Counsel for respondent- Gaon Sabha.
3. The instant public interest litigation has been filed for the following
reliefs:-
"(i) Issue an order or direction in the nature of mandamus directing the
respondents remove the illegal encroachment of Gata No. 901 Ka area
0.3560 hectare situated in Village Vairagal, Tappa-Ooji, Pargana-
Nagar Pashchim, Tehsil Harraiya District Basti.
(ii) Issue an order or direction in the nature of mandamus directing the
respondent no.2, District Magistrate District Basti to decide the
application/ representation of petitioner dated 30.10.2023 pending
before him expeditiously within stipulated period."
4. Counsel for the petitioner submitted that in view of the entry of the plot
in question, appropriate action should be taken for removal of
encroachment from the plot in question.
5. The instruction dated 11.3.2026 sent by Tehsildar, Haraiya Basti is
taken on record.
WPIL No. 426 of 2026
2
6. Mr. Ram Dhan, learned State Law Officer for the State respondent on
the basis of the instruction submitted that plot No. 901 ka area 0.3560
hectare is recorded as rasta and plot No. 901 kha area 0.0110 hectare is
recorded in the name of Bhanmati as Class 1- Ka category tenure holder.
He further submitted that plot No. 901 ka and 901 kha are minjumla plot
and there is no partition in the map accordingly proceeding under Section
30 (2) of U.P. Revenue Code, 2006 is under process. He further submitted
that construction has been found over plot No. 901 ka area 0.0006 hectare
accordingly proceeding under Section 67 of U.P. Revenue Code, 2006 has
been registered as case No. T202617140104331 (Gaon Sabha Vs.
Wadiujama). He further submitted that after disposal of the
aforementioned proceeding, appropriate steps shall be taken by the
authorities.
7. Considering the entire facts and circumstances of the case, the instant
public interest litigation is finally disposed of directing the respondent
no.4, Tehsildar Haraiya Basti to decide the case No. T202617140104331
(Gaon Sabha Vs. Wadiujama) after affording proper opportunity to the
parties expeditiously.
(Chandra Kumar Rai,J.)
March 19, 2026
Vandana Y.
Digitally signed by :-
VANDANA YADAV
High Court of Judicature at Allahabad
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