Allahabad High Court
SONA DEVIversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- CHANDRA KUMAR RAI
Holding
The petition is dismissed as the matter is governed by the Uttar Pradesh Revenue Code, 2006, precluding jurisdiction under Article 226 for a mandamus.
Summary
The petitioner, Sona Devi, filed a writ petition under Article 226 seeking a mandamus directing the respondents to demarcate plot no. 693 belonging to the Gaon Sabha and to remove the illegal possession of private respondent No.5, and also to order respondents No.2 and No.3 to decide an application filed on 28‑07‑2025 before the District Magistrate. The petitioner alleged that the District Magistrate had taken no action on the demarcation application. The Court examined whether it could entertain the petition despite a specific provision in the Uttar Pradesh Revenue Code, 2006 dealing with demarcation matters. It held that because the Revenue Code provides a mechanism for demarcation, the High Court cannot issue a mandamus under Article 226. Consequently, no interference was warranted and the petition was dismissed.
Issues considered
- Whether the High Court can entertain a writ petition under Article 226 for mandamus directing demarcation of land when the Uttar Pradesh Revenue Code, 2006 contains a specific provision for such matters.
Legislation cited
Subjects
- writ of mandamus
- Article 226
- demarcation
- illegal possession
- Uttar Pradesh Revenue Code
- jurisdiction
- land revenue
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 28070 of 2026
Sona Devi
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ashok Kumar Singh
Counsel for Respondent(s) : Akhilesh Kumar Tiwari, Bhupendra
Kumar Tripathi, C.S.C.
Court No. - 37
HON'BLE CHANDRA KUMAR RAI, J.
1. Heard Mr. M.K.S. Chandel, learned counsel holding brief of Mr. Ashok
Kumar Singh, learned counsel for the petitioner, Mr. Shashi Kant
Kushwaha, learned Standing Counsel for the State and Mr. Bhupendra
Kumar Tripathi, learned counsel for the Gaon Sabha.
2. The instant petition has been filed for the following reliefs:
"(i) Issue a writ order or direction in the nature of mandamus directing the
respondents authorities to demarcate the plot no. 693 area 40 decimal and remove the
illegal possession of the respondent no.5.
(ii) Issue a writ order or direction in the nature of mandamus directing the respondent
no. 2 and 3 to decide the application dated 28.07.2025 moved by the petitioner
Annexure no. 3 and 4."
3. Learned counsel for the petitioner submitted that private respondent
no.5 is in illegal possession of the land belonging to Gaon Sabha, as such,
authorities be directed to demarcate the plot no.693 and remove the illegal
possession of private respondent no. 5 from the plot in question.He
further submitted that petitioner has filed an application dated 28.7.2025
before District Magistrate for demarcation of gaon sabha plot but no steps
has been taken by District Magistrate.
4. I have considered the argument advanced by learned counsel for the
petitioner and perused the record.
WRIC No. 28070 of 2026
2
5. The prayer made in the instant petition cannot be entertained in
exercise of jurisdiction under Article 226 of the Constitution of India by
way of writ of mandamus as provision has been made Under U.P.
Revenue code, 2006 for demarcation etc.
6. No interference is required in the matter.
7. The writ petition is dismissed.
(Chandra Kumar Rai,J.)
September 16, 2026
Rameez
Digitally signed by :-
RAMEEZ AHMED
High Court of Judicature at Allahabad
Checking your session…