Allahabad High Court

UPENDRA KUMARversusSTATE OF U.P. AND 8 OTHERS

Decided: 29 September 2026
Bench: SAURABH SHYAM SHAMSHERY

Holding

The petition was dismissed because the petitioner, not being a party to the underlying case, lacked standing to seek a writ of mandamus.

Summary

The petitioner, Upendra Kumar, filed a writ petition seeking a mandamus directing the State to expedite a proceeding under the Uttar Pradesh Public Premises (Eviction of Unauthorized Occupants) Act, 1972, in which the State was a party and the petitioner was only a complainant. The High Court examined whether a person who is not a party to the substantive case has locus standi to invoke the writ jurisdiction for expediting the case. The Court held that the petitioner, not being a party to the underlying suit, could not invoke the writ jurisdiction merely as a complainant. Consequently, the petition was dismissed for lack of standing. The decision underscores the requirement of direct interest for filing writ petitions under Article 226.

Issues considered

Whether a complainant, who is not a party to the substantive proceeding, has locus standi to file a writ of mandamus to expedite that proceeding.

Legislation cited

Uttar Pradesh Public Premises (Eviction of Unauthorized Occupants) Act, 1972

Subjects

writ of mandamus
locus standi
public premises
unauthorized occupants
petition dismissed
Article 226

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - C No. - 39424 of 2026

                                    Upendra Kumar
                                                                                                .....Petitioner(s)
                                                                       Versus

                                    State Of U.P. And 8 Others
                                                                                              .....Respondent(s)

                                    Counsel for Petitioner(s)       : Abhishek Kumar Shahi, Rajeev Kumar
                                                                      Singh
                                    Counsel for Respondent(s)       : C.S.C., Hari Narayan Singh

                                    Court No. - 36
                                               HON'BLE SAURABH SHYAM SHAMSHERY, J.

                                    1. Heard Sri Vijay Kumar Singh, Advocate holding brief of Sri Rajeev

                                    Kumar Singh, learned counsel for petitioner, Sri Prabhakar Tripathi,

                                    learned Standing Counsel for State-Respondents and Sri Hari Narain
                                    Singh, Advocate for Respondent-5.


                                    2. Petitioner is not a party in a case arising out of the provisions of Uttar

                                    Pradesh Public Premises (Eviction of Unauthorized Occupants) Act, 1972

                                    being between State and contesting-respondents. Therefore, only on a

                                    ground that petitioner was a complainant, present writ petition to issue a

                                    writ of mandamus to expedite said case, cannot be entertained.


                                    3. Dismissed accordingly.


                                                                                (Saurabh Shyam Shamshery,J.)
                                    September 30, 2026
                                    AK




Digitally signed by :-
AWADESH KUMAR
High Court of Judicature at Allahabad

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