Allahabad High Court
SOMARU SADHUversusSTATE OF U.P. AND 6 OTHERS
- Decided
Holding
The Court held that the PIL is not maintainable as the dispute is between private parties, and therefore dismissed the petition.
Summary
The petitioner, a priest, filed a Public Interest Litigation seeking a writ of mandamus to compel the removal of alleged illegal encroachments on land belonging to Shiv Ji Mandir in Ghazipur district, and also sought costs. The petition was filed in his individual capacity, and the respondents were private parties alleged to have encroached. The Court examined whether a PIL is maintainable when the grievance pertains to a private dispute between individuals. It held that the petition does not qualify as a public interest matter because the issue is confined to private rights. Consequently, the Court found the petition devoid of merit and dismissed it, refusing to grant the writ or costs.
Issues considered
- Whether a Public Interest Litigation can be maintained by a private individual when the dispute involves only private parties.
- Whether the Court can issue a writ of mandamus directing removal of encroachment in a private property dispute.
Subjects
- Public Interest Litigation
- maintainability
- mandamus
- encroachment
- private dispute
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 542 of 2026
Somaru Sadhu
.....Petitioner(s)
Versus
State Of U.P. And 6 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ram Bali Ram
Counsel for Respondent(s) : C.S.C.
Court No. - 21
HON'BLE MAHESH CHANDRA TRIPATHI, J.
HON'BLE KUNAL RAVI SINGH, J.
1. Heard Shri Ram Bali Ram, learned counsel for the petitioner, and the learned
Standing Counsel appearing for the State-respondents.
2. By means of the instant petition, preferred as a Public Interest Litigation, the
petitioner has sought the following reliefs:
"A. Issue a writ, order or direction in the nature of mandamus
commanding/directing the respondent nos.2 to 4 to remove the illegal
encroachment of respondent nos.5 to 7 from Shiv Ji Mandir, situated at
gata nos.133 and 134, in the Village-Umarganj, Post-Nariaon, Police
Station-Zamania, District-Ghazipur.
B. Award the costs of the writ petition in favour of the petitioner."
3. The instant writ petition has been filed by the priest in his individual
capacity, and the dispute is viz-a-viz between private parties.
4. Considering the facts and circumstances of the case, the instant Public
Interest Litigation is not maintainable.
5. The petition lacks merit and is, accordingly, dismissed.
March 19, 2026
Mukesh Kr.
(Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.)
Digitally signed by :-
MUKESH KUMAR
High Court of Judicature at Allahabad
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