Allahabad High Court

MAHANT RAM SINGH DURGA MANDIR TRUSTversusSTATE OF U.P. AND 3 OTHERS

Decided: 17 March 2026
Bench: PRAKASH PADIA

Holding

The Court directed the Sub‑Divisional Magistrate to decide the application within four months and restrained any coercive action against the petitioner.

Summary

The Mahant Ram Singh Durga Mandir Trust claimed ownership of a 0.544‑hectare parcel of land in Diha village, Prayagraj, on which a temple and a house were constructed about fifty years ago. The Trust, belonging to the OBC category, filed an application on 29 January 2026 before the Sub‑Divisional Magistrate, Soraon, seeking relief under Section 67‑A of the Uttar Pradesh Revenue Code, 2006 to have the land declared as Abadi and to protect its peaceful possession. The petitioner argued that the revenue authorities were unlawfully interfering with its possession despite the long‑standing occupation. The High Court directed the Sub‑Divisional Magistrate to decide the application strictly in accordance with law within four months, without unnecessary adjournments, and ordered that no coercive action be taken against the petitioner for five months or until the application is disposed. The order effectively disposed of the writ petition by granting the relief sought.

Issues considered

Whether the Sub‑Divisional Magistrate should be directed to decide the petitioner's application under Section 67‑A of the U.P. Revenue Code, 2006 expeditiously.
Whether the petitioner is entitled to have the land declared as Abadi and be protected from revenue interference.

Legislation cited

U.P. Revenue Code, 2006 — s. 67-A

Subjects

Land revenue
Section 67-A
Abadi land
OBC entitlement
Expeditious disposal
Coercive action restraint
Temple property

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 10142 of 2026

Mahant Ram Singh Durga Mandir Trust
.....Petitioner(s)
Versus

State Of U.P. And 3 Others
.....Respondent(s)

Counsel for Petitioner(s) : Gaurav Srivastava, Hari Ashok Kumar,
Reema Pandey, Saurabh Raj Srivastava
Counsel for Respondent(s) : Azad Rai, C.S.C.

Court No. - 6
HON'BLE PRAKASH PADIA, J.

1. Heard Sri Prashant Singh, Advocate, holding brief of Sri Saurabh
Raj Srivastava, learned counsel for the petitioner, learned Standing
Counsel for the respondent nos.1 to 3, Sri Azad Rai, learned counsel
for the respondent no.4 and perused the records.

2. The only prayer made by counsel for the petitioner is to direct the
respondent no.3-Sub Divisional Magistrate, Soraon Prayagraj to
decide the application dated 29.01.2026 filed under Section 67-A of
the U.P. Revenue Code, 2006 expeditiously.

3. It is argued by counsel for the petitioner that the property in
question situated at Gata No.220 area 0.544 hq. Village-Diha Soraon,
Pargana and Tehsil-Soraon, District-Prayagraj belongs to the
petitioner. In the aforesaid land Durga Mandir was constructed, which
is in existence from last 50 years. The aforesaid temple was
constructed by the petitioner and his family. The area is surrounded
by boundarywall. In the aforesaid area a house was also constructed
by the family members of the petitioner about 50 years back. It is
further argued that petitioner belongs to OBC category. Since
petitioner became entitled for benefit of 67-A of the U.P. Revenue
Code, 2006 an application was submitted by him in the court of
respondent no.3 on 29.01.2026 on which reports were sought for by
the revenue authorities. In the aforesaid proceedings date was fixed
03.02.2026. The petitioner is entitled for the benefit of Section 67-A of
WRIC No. 10142 of 2026
2

the Act, 2006 since the petitioner and his family members are
residing over the property in question since the house of the
petitioner is in existence on the land in question before November 29,
2012 but wholly illegally revenue authorities are trying to interfere in
the peaceful possession of the petitioner hence a prayer has been
made in the aforesaid application to declare the land in question as
Abadi land and till the time the orders are passed no interference
should be made in the peaceful possession of the petitioner.

4. In the facts and circumstances of the case, the present petition is
disposed of finally directing the respondent no.3 to decide the
aforesaid application strictly in accordance with law most
expeditiously and positively within a period of four months but without
granting unnecessary adjournment unless there is no legal
impediment.

5. Four a period of five months or till disposal of the application,
whichever is earlier, no coercive action be taken against the
petitioner.

(Prakash Padia,J.)
March 18, 2026
Pramod Tripathi

Digitally signed by :-
PRAMOD TRIPATHI
High Court of Judicature at Allahabad

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