Allahabad High Court
MAHAFOOJ ALIversusSTATE OF U.P. AND 5 OTHERS
- Decided
Holding
The writ petition is disposed, directing the petitioner to file a fresh representation before the Collector, who must decide the matter within a month.
Summary
The petitioner, a farmer holding recorded tenure of two agricultural plots in Banda district, alleged that respondents No.5 and 6 had illegally encroached upon his land and were conducting mining activities that damaged his crops. He claimed to have made representations to the competent authorities but received no action. The respondents argued that the matter should be dealt with by the competent authority and sought a direction to that effect. The High Court, without examining the merits, dismissed the writ petition and ordered the petitioner to file a fresh representation, with a certified copy of the order, before the Collector of Banda within three weeks. The Court further directed that the Collector consider and decide the representation, after hearing respondents No.5 and 6, within one month of receipt.
Issues considered
- Whether the High Court can decline to adjudicate the merits of an alleged land encroachment and instead direct the petitioner to approach the competent administrative authority.
- Whether the writ petition is maintainable for relief against illegal mining and encroachment on agricultural land.
Subjects
- land encroachment
- mining activity
- agricultural land
- writ petition
- competent authority
- representation
- collector
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 5695 of 2026
Mahafooj Ali
.....Petitioner(s)
Versus
State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Avinash Pandey, Ram Naresh
Counsel for Respondent(s) : C.S.C.
Court No. - 40
HON'BLE SARAL SRIVASTAVA, J.
HON'BLE SUDHANSHU CHAUHAN, J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for
respondents No.1 to 4.
2. It is stated that the petitioner is a farmer and recorded tenure holder of
Gata/Khasra No. 68/2 situated in Village- Sadimadanpur, Tehsil- Pailani,
District -Banda and Gata/Khasra No. 95 situated in Village- Lomar Bangar,
Tehsil- Pailani, District -Banda.
3. The grievance of the petitioner is that the respondent Nos. 5 and 6 have
illegally encroached upon the petitioner's agricultural land and are carrying
out mining activities, causing damage to his crops. In this regard, the
petitioner has already submitted representations before the Competent
Authorities, but no action has been taken till date.
4. Learned Standing Counsel for the respondents contends that the matter
can very well be considered by the Competent Authority and therefore, an
appropriate direction be issued to the Competent Authority to consider the
grievance of the petitioner.
5. Considering the facts and circumstances of the case and without adverting
into the merits of the case, the writ petition is disposed off permitting the
petitioner to file a fresh representation alongwith certified copy of this order
raising all his grievances before the respondent No.2-Collector, District
Banda within a period of three weeks from today. In case, any such
representation is filed by the petitioner, the respondent No.2 shall consider
and decide the same strictly in accordance with law within a period of one
WRIC No. 5695 of 2026
2
month thereafter from the date he receives the representation of the
petitioner, after hearing the respondents No.5 and 6.
March 19, 2026
SS
(Sudhanshu Chauhan,J.) (Saral Srivastava,J.)
Digitally signed by :-
SUNIL KUMAR SHARMA
High Court of Judicature at Allahabad
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