Allahabad High Court

PRAHLADversusSTATE OF U.P. AND 3 OTHERS

Decided: 17 March 2026
Bench: PRAKASH PADIA

Holding

The petition is dismissed as the appropriate remedy is to approach the revenue authority under the Uttar Pradesh Revenue Code, 2006.

Summary

The petitioner, Prahlad, filed a writ petition seeking a mandamus directing the State of Uttar Pradesh and other respondents to investigate and remove an alleged illegal and forged entry on Gram Sabha land in Village Semari, Mirzapur, which was recorded as Banjar. He alleged that villagers, in collusion with a revenue official, had encroached the land and that the authorities had failed to act. The petition argued that the encroachment violated revenue records and sought judicial intervention to compel the removal. The Court observed that the appropriate remedy lies in approaching the concerned revenue authorities under the procedures prescribed by the Uttar Pradesh Revenue Code, 2006, rather than seeking a writ. Consequently, the Court dismissed the writ petition, directing the petitioner to pursue the matter through the statutory administrative channel. The order was pronounced by Hon'ble Justice Prakash Padia on 18 March 2026.

Issues considered

Whether the High Court can issue a mandamus directing the revenue authority to investigate and remove alleged illegal encroachment on Gram Sabha land.
Whether the petitioner should approach the revenue authority under the Uttar Pradesh Revenue Code, 2006 instead of filing a writ petition.

Legislation cited

Uttar Pradesh Revenue Code, 2006

Subjects

illegal encroachment
Gram Sabha land
mandamus
writ petition
Uttar Pradesh Revenue Code
administrative law

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                              WRIT - C No. - 6249 of 2026

                                    Prahlad
                                                                                                     .....Petitioner(s)
                                                                          Versus

                                    State Of U.P. And 3 Others
                                                                                                   .....Respondent(s)

                                    Counsel for Petitioner(s)                      :   Arvind Kumar Maurya
                                    Counsel for Respondent(s)                      :   C.S.C., Pradeep Singh

                                    Court No. - 6
                                                          HON'BLE PRAKASH PADIA, J.

                                    1. The petitioner has preferred present writ petition inter-alia with the
                                    following prayer :-

                                    "(a) Issue a writ order or direction in the nature of mandamus directing the
                                    respondent authority to made an enquiry regarding illegal/forged entry which was
                                    made by collusion of revenue official and remove the illegal encroachment over gaon
                                    sabha land of Village Semari Block Majhawan, Tehsil Sadar, District Mirzapur.
                                    which was recorded as Banjar in revenue record."

                                    2. It is argued by counsel for the petitioner that several villagers has
                                    illegally encroached the land belonging to the Gram Sabha but the
                                    authority has not taken any action.

                                    3. In the facts and circumstances of the case, if it is so in place of
                                    approaching this Court, petitioner should approach the authorities
                                    concerned for removal of illegal encroachment made by the villagers as
                                    per procedure prescribed under U.P. Revenue Code, 2006.

                                    4. With aforesaid observations, present writ petition is dismissed.



                                                                                                 (Prakash Padia,J.)
                                    March 18, 2026
                                    Pramod Tripathi




Digitally signed by :-
PRAMOD TRIPATHI
High Court of Judicature at Allahabad

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