Allahabad High Court
PRAHLAD SINGHversusSTATE OF U.P. AND 5 OTHERS
- Decided
- Bench
- CHANDRA KUMAR RAI
Holding
The petition is not maintainable under Article 226; the appropriate remedy lies in filing a proceeding under the U.P. Revenue Code, 2006.
Summary
Petitioner Prahlad Singh filed a writ petition seeking a mandamus directing revenue officials to investigate and order the return of his alleged illegally possessed land (Gata No. 621, 266 hectares) in Sambhal district. He asked the court to compel the officials to act on his application dated 09.03.2026 and to hand over possession of the land. The Court examined the petition and held that such a remedy cannot be granted under Article 226 because the matter is governed by the U.P. Revenue Code, 2006, which provides the specific procedure for demarcation and possession. Consequently, the petition was dismissed as non‑maintainable. The Court directed the petitioner to pursue the appropriate proceeding under the Revenue Code.
Issues considered
- Whether a writ of mandamus under Article 226 can be issued to compel revenue authorities to demarcate land and grant possession.
- Whether the High Court has jurisdiction to entertain a petition for illegal possession of land when a specific statutory remedy exists.
Legislation cited
Subjects
- writ petition
- mandamus
- land possession
- Revenue Code
- Article 226
- demarcation
- illegal possession
- U.P. Revenue Code 2006
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 27409 of 2026
Prahlad Singh
.....Petitioner(s)
Versus
State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Arvind Kumar Mishra, Devendra
Mishra, Saurabh Mishra
Counsel for Respondent(s) : C.S.C.
Court No. - 37
HON'BLE CHANDRA KUMAR RAI, J.
1.Heard Mr. Arvind Kumar Mishra, learned counsel for the
petitioner and Mr. Hari Mohan Srivastava, learned Standing
Counsel for the State-respondents.
2.The instant writ petition has been filed for the following relief:
"i. issue a writ, order or direction in the nature of
MANDAMUS commanding and directing the
respondent no. 2 & 3 to inquire in to the matter with
regard to the illegal possession of the land of the
petitioner bearing gata no. 621 having its area 266
Hect, situated in Village-Udranpur, Ajmatnagar,
Pargana - Rajpura, Tehsil - Gunnaur, District
Sambhal taken by the respondent no. 4 to 6.
ii. issue a writ, order or direction in the nature of
MANDAMUS commanding and directing the
respondent no. 2 & 3 to decide the application of the
petitioner dated 09.03.2026 and take suitable action
against the respondent no. 4 to 6 and possession of
gata no. 621 situated in Village Udranpur,
Ajmatnagar, Pargana Rajpura, Tehsil - Gunnaur,
District Sambhal be handed over to the petitioner."
3. Learned counsel for the petitioner submitted that in view of the
averment made in the writ petition as well as ground taken in the
WRIC No. 27409 of 2026
2
writ petition, prayer made in the instant writ petition should be
allowed
4. I have considered the arguments advanced by the learned
counsel for the petitioner and perused the record.
5. Prayer made in the instant petition cannot be entertained in
exercise of jurisdiction under Article 226 of the Constitution of
India.
6. It is material to mentioned that provision has been made under
U.P. Revenue Code, 2006 for demarcation of plot in question or for
getting possession of the plot in question as such Misc. application
cannot be entertained by the authorities for demarcation or delivery
of possession.
7. In view of the facts and circumstances of the case, the instant
writ petition is finally disposed of with liberty to petitioner to
initiate proper proceeding as prescribed under the U.P. Revenue
Code, 2006 in accordance with law.
September 18, 2026
PS*
(Chandra Kumar Rai,J.)
Digitally signed by :-
PRITI SHARMA
High Court of Judicature at Allahabad
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