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Allahabad High Court

PRAHLAD SINGHversusSTATE OF U.P. AND 5 OTHERS

Decided

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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