Allahabad High Court

NEM SINGH AND ANOTHERversusSTATE OF U.P. AND 11 OTHERS

Decided: 18 March 2026
Bench: PRAKASH PADIA

Holding

The writ petition is dismissed as it was filed only to harass the private respondents.

Summary

The petitioners challenged an order dated 29‑12‑2025 issued by the Sub‑Divisional Officer, Shikarpur, which had dropped proceedings initiated under Section 67 of the U.P. Revenue Code, 2006 against private respondents for alleged illegal occupation of land reserved for public purpose. The petitioners relied on a prior writ (C No. 5597 of 2025) to argue that no action had been taken against the private respondents. No further arguments were advanced. The Court held that the present writ petition was filed solely to harass the private respondents and found no merit in the relief sought. Consequently, the petition was dismissed with costs. The order was directed to be communicated to the District Magistrate and the private respondents.

Issues considered

Whether the writ petition challenging the order under Section 67 of the U.P. Revenue Code, 2006 is maintainable
Whether the petition is an abuse of process intended to harass the private respondents

Legislation cited

U.P. Revenue Code, 2006 — s. 67

Subjects

Writ petition
Section 67
U.P. Revenue Code
illegal occupation of land
public purpose
abuse of process
dismissal with cost

Judgment

          HIGH COURT OF JUDICATURE AT ALLAHABAD
                            WRIT - C No. - 8093 of 2026

Nem Singh And Another
                                                                   .....Petitioner(s)
                                        Versus

State Of U.P. And 11 Others
                                                                 .....Respondent(s)

Counsel for Petitioner(s)                  :     Chandra Sen Pal
Counsel for Respondent(s)                  :     C.S.C., Sunil Kumar Singh

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

1. The order dated 29.12.2025 passed by the respondent no.3-Sub
Divisional Officer, Tehsil-Shikarpur, District Bulandshahar in the
proceedings initiated under Section 67 of the U.P. Revenue Code, 2006 is
under challenge in the present writ petition. By the aforesaid order
proceedings initiated against the private respondents was dropped.
Aggrieved against the aforesaid petitioner has preferred present writ
petition.

2. When a query was raised by this Court in respect of grounds on which
basis present writ petition has been filed, counsel for the petitioners
placed reliance upon paragraph-10 of the writ petition, which is
reproduced hereinbelow :-

"10. That since no action was taken against the private respondents for making illegal
occupation of land reserved for public purpose in the abadi land, therefore,
Petitioners approached this Hon'ble Court by means of writ C No. 5597 of 2025 (Nem
Singh Vs. State of U.P. and others)."

3. Apart from the same, no arguements whatsoever has been raised by the
counsel for the petitioners.

4. In this view of the matter, the Court is of the opinion that present writ
petition has been filed only in order to harass the private respondents.

5. In this view of the matter, the writ petition is dismissed with cost.
                                                                                          WRIC No. 8093 of 2026
                                                                  2


                                    6. Registrar (Compliance) is directed to communicate copy of this order
                                    to respondent no.2-District Magistrate, Bulandshahar within a weeks. The
                                    respondent no.2 is also directed to communicate copy of this order passed
                                    today to private respondents namely Naresh and others on their residential
                                    address.



                                                                                          (Prakash Padia,J.)
                                    March 19, 2026
                                    Pramod Tripathi




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

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