Allahabad High Court
OMKANT PANDEYversusSTATE OF U P AND 3 OTHERS
- Decided
Holding
The Court held that since the petitioner had removed the encroachment himself, no relief could be granted and the writ petition was dismissed.
Summary
The petitioner, Omkant Pandey, filed a writ petition seeking a mandamus directing the State of Uttar Pradesh and others not to demolish his construction on land in Mohalla Purana Ait, Tehsil Orai, District Jalaun, and to consider his representation dated 08.07.2019. The respondents countered that the petitioner had himself removed the encroachment on the old NH‑25 Orai and had erected a chabutara on government land, and therefore no further action was required. The High Court examined the counter‑affidavit and concluded that the petitioner had already removed the alleged encroachment, leaving no basis for the relief sought. Consequently, the Court held that no mandamus could be issued to restrain demolition. The petition was dismissed.
Issues considered
- Whether the petitioner is entitled to a mandamus restraining demolition of his construction on the disputed land
- Whether the writ petition is maintainable given that the petitioner himself removed the alleged encroachment
Subjects
- writ petition
- mandamus
- encroachment
- demolition
- government land
- High Court
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 24949 of 2019
Omkant Pandey
.....Petitioner(s)
Versus
State Of U P And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Babu Lal Ram, Laxmi Narayan
Rathour, Rajiv Kumar Tripathi
Counsel for Respondent(s) : Alok Kumar Singh, C.S.C.
Court No. - 5
HON'BLE PRAKASH PADIA, J.
HON'BLE VIVEK SARAN, J.
1. The petitioner has preferred present writ petition inter-alia with the
following prayers :-
"(a) Issue a writ, order or direction in the nature of Mandamus directing the
respondents not to demolish construction of the petitioner over the land situated in
Mohalla Purana Ait Tehsil Orai District Jalaun.
(b) Issue a writ, order or direction in the nature of Mandamus directing the
respondents to consider and decide the representation dated 08.07.2019 of the
petitioner and till disposal of the representation dated 08.07.2019 of the applicant the
respondents be restrained that they may not demolish construction of the petitioner
over the land situated in Mohalla Purana Ait Tehsil Orai District Jalaun."
2. In the counter affidavit filed by the respondent-State in paragraph-7 it
is stated that petitioner had himself removed the encroachment, which
was made over the old N.H. 25 Orai. It is further stated that petitioner
raised a Chabutara on the government land and since petitioner has
himself removed the encroachment no further action be taken in the
matter. The paragraph-7 reads as follows :-
"7. That, after issuing notice the petitioner had himself removed the encroachment,
which was made over the old N.H. 25 Orai. Petitioner raised a Chabutara on the
government land and since petitioner has himself removed the encroachment no
further action be taken in the matter."
WRIC No. 24949 of 2019
2
3. After going through the aforesaid paragraph, the Court is of the opinion
that no relief could be granted to the petitioner as prayed for in the present
writ petition hence present writ petition is liable to be dismissed
4. Accordingly, present writ petition is dismissed.
(Vivek Saran,J.) (Prakash Padia,J.)
September 15, 2026
Pramod Tripathi
Digitally signed by :-
PRAMOD TRIPATHI
High Court of Judicature at Allahabad
Checking your session…