Allahabad High Court
RAJNARAYAN SINGHversusSTATE OF U.P. AND 13 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The writ petition is disposed, with a direction to Respondent No.3 to decide the pending application expeditiously.
Summary
The petitioner, Rajnarayan Singh, filed a writ petition seeking mandamus to compel Respondent No.3 to remove encroachments by Respondents No.5‑14 on land Gata 319 in Madari village, and to enforce compliance with orders of the Assistant Collector dated 10‑Nov‑2022, 25‑Sep‑2025 and 26‑Dec‑2025 under Section 67 of the U.P. Revenue Code, 2006. The petition also asked the court to direct Respondent No.3 to decide an application dated 6‑Jan‑2026 filed under Para 460 of the U.P. Revenue Court Manual. The court observed that the application was still pending and that keeping the writ petition alive would serve no useful purpose. Consequently, the court disposed of the writ petition, directing Respondent No.3 to decide the pending application expeditiously, after serving notice and providing a hearing, provided no other legal impediment exists.
Issues considered
- Whether the court should issue a mandamus directing removal of encroachment on Gata 319 under Section 67 of the U.P. Revenue Code, 2006.
- Whether Respondent No.3 must decide the pending application dated 6‑Jan‑2026 under Para 460 of the U.P. Revenue Court Manual within a stipulated period.
Legislation cited
- U.P. Revenue Code, 2006 — s. 67
Subjects
- mandamus
- writ petition
- encroachment
- U.P. Revenue Code
- Section 67
- Revenue Court Manual
- expeditious decision
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 17393 of 2026
Rajnarayan Singh
.....Petitioner(s)
Versus
State Of U.P. And 13 Others
.....Respondent(s)
Counsel for Petitioner(s) : Priyavrat Tripathi
Counsel for Respondent(s) : Azad Rai, C.S.C.
Court No. - 36
HON'BLE MANISH KUMAR NIGAM, J.
1. Heard learned counsel for the parties and perused the record.
2. This writ petition has been filed seeking following relief :-
"Issue a writ, order or direction in the nature of mandamus directing the
Respondent No. 3 to remove the encroachment / illegal possession of
Respondent No. 5 to 14 over the land Gata 319 (which is belongs to Chak
Marg) situated in Village Madari Post Sisiwan, Tehsil Soraon District
Prayagraj.
Issue a writ, order or direction in the nature of mandamus directing the
Respondent No. 3 to remove the possession of Respondent No. 5 to 14
from Gata No. 319 situated in Village Madari Post Sisiwan, Tehsil
Soraon District Prayagraj in compliance of the order passed by the
Assistant Collector Soraon Prayagraj on 10.11.2022, 25.09.2025 and
26.12.2025 Case No. 08342 to 08348 of the Year 2019 and its
computerized Case No. T201902030308342 to T201902030308348,
Under Section 67 of U.P. Revenue Code 2006.
Issue a writ, order or direction in the nature of mandamus directing the
respondent no.3 to decide the application dated 06.01.2026 Under Para
460 of U.P. Revenue Court manual with in stipulated period or which
may be fixed by this Hon'ble Court."
3. Learned counsel for the petitioner submitted that the above-mentioned
application dated 6.1.2026 is pending consideration, the same has not been
decided till date. Learned counsel prayed that the same may be decided,
expeditiously.
4. Since the above-mentioned application is pending, no useful purpose would
WRIC No. 17393 of 2026
2
be served in keeping this petition pending.
5. In view of the above, this writ petition stands disposed of with a direction to
respondent no.3 to decide the above-mentioned application, in accordance
with law, expeditiously, from the date of production of a certified copy of this
order, after ensuring service of notice upon all the respondents and providing
opportunity of hearing to all the concerned parties provided there is no other
legal impediment.
May 5, 2026
Rishabh
(Manish Kumar Nigam,J.)
Digitally signed by :-
RISHABH KUMAR
High Court of Judicature at Allahabad
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