Allahabad High Court

JITENDRA YADAVversusSTATE OF U.P. AND 6 OTHERS

Decided: 18 March 2026
Bench: CHANDRA KUMAR RAI

Holding

The Court held that the ongoing land consolidation precludes the need for judicial intervention, and therefore the petition for mandamus was dismissed.

Summary

The petitioner, Jitendra Yadav, filed a public interest litigation seeking a writ of mandamus directing certain respondents to take legal action to remove encroachments on public utility land in Fulaich village, Azamgarh. The petitioner alleged that the land, recorded as a pit, wasteland, and pond, was being obstructed and demanded its restoration. The respondents argued that a land consolidation operation was already underway in the village. The Court examined whether the PIL could be entertained given the ongoing consolidation process. Concluding that the consolidation rendered the petition unnecessary, the Court dismissed the PIL without any order of interference.

Issues considered

What is the appropriate judicial remedy for alleged encroachment on public utility land under a public interest litigation?
Can the Court entertain a mandamus petition when a land consolidation operation is already in progress?

Subjects

public interest litigation
mandamus
encroachment
public utility land
land consolidation
dismissal

Judgment

          HIGH COURT OF JUDICATURE AT ALLAHABAD
           PUBLIC INTEREST LITIGATION (PIL) No. - 673 of 2026

Jitendra Yadav
                                                                   .....Petitioner(s)
                                       Versus

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

Counsel for Petitioner(s)             : Shiva Kant Srivastava
Counsel for Respondent(s)             : C.S.C., Rameshwar Prasad Shukla

Court No. - 55
                  HON'BLE CHANDRA KUMAR RAI, J.

1. Heard Mr. Ajay Kumar Rai, learned counsel holding brief of Mr. Shiva
Kant Srivastava, learned counsel for the petitioner, Mr. Rameshwar
Prasad Shukla, learned counsel for the respondent- Gaon Sabha and Mr.
Muneshwar Singh, learned Standing Counsel for the State-respondents.

2. The instant petition has been filed for the following relief:

"issue a writ, order or direction in the nature of mandamus commanding the
respondent nos.2 to 4 to take legal steps against the respondent nos.6 & 7 for removal
of the encroachment nuisance and obstruction over the public utility land as Gata
no.153, which is recorded as 'Khad- Gaddha', Gata No.165, which is recorded as
Banjar and Gata No.169, which is also recorded as Pond in revenue record, situated
in Village- Fulaich, Pargana- Belahabas, Police Station- Tarwan, Tahsil- Mehnagar,
District- Azamgarh."

3. Learned counsel for the petitioner submitted that in view of the entry of
the plot in question the prayer made in the instant petition be allowed.

4. Record demonstrates that the consolidation operation is going on in the
village in question.

5. In view of the aforementioned fact that consolidation operation is going
on in the village in question, the instant public interest litigation cannot be
entertained for the prayer made in the instant petition.

6. No interference is required in the matter.
                                                                                              WPIL No. 673 of 2026
                                                                    2


                                    7. The instant public interest litigation is dismissed accordingly.



                                                                                      (Chandra Kumar Rai,J.)
                                    March 19, 2026
                                    Rameez




Digitally signed by :-
RAMEEZ AHMED
High Court of Judicature at Allahabad

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