Allahabad High Court
BALBEERversusUNION OF INDIA AND ANOTHER
- Decided
Holding
The court held that compliance with Section 9(3) of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962, suffices and therefore no writ could be issued, leading to the dismissal of the petition.
Summary
The petitioner filed a writ petition seeking a certiorari to quash an order dated 08.01.2026 and mandamus to restrain the respondent from interfering with his possession and demolishing his house at Village‑Admadpur Sadat. The respondent produced instructions from an oil company indicating that any action must comply with Section 9(3) of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962, which requires filing an application before the District Judge. The court examined whether the petitioner’s reliefs were maintainable in view of the statutory requirement. It held that the statutory procedure under Section 9(3) was sufficient and no further order was necessary. Consequently, the petition was disposed without granting any relief.
Issues considered
- Whether the order dated 08.01.2026 can be quashed by a writ of certiorari.
- Whether mandamus can be issued to restrain the respondent from interfering with the petitioner’s possession and demolishing his house.
- Whether the provisions of Section 9(3) of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962, govern the dispute and preclude the issuance of the writs.
Legislation cited
Subjects
- writ petition
- certiorari
- mandamus
- possession
- demolition
- encroachment
- Petroleum and Minerals Pipelines Act
- Section 9(3)
- acquisition of right of user in land
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 8978 of 2026
Balbeer
.....Petitioner(s)
Versus
Union Of India And Another
.....Respondent(s)
Counsel for Petitioner(s) : Madhusudan Dikshit
Counsel for Respondent(s) : A.S.G.I., Anand Tiwari, Gaurav Kumar
Chand
Court No. - 40
HON'BLE SARAL SRIVASTAVA, J.
HON'BLE SUDHANSHU CHAUHAN, J.
1. Heard learned counsel for the petitioner, Shri Gaurav Kumar Chand,
learned counsel for respondent no.1 and Shri Anand Tiwari, learned
counsel for respondent no.2.
2. Petitioner by means of present writ petition has prayed for following
reliefs:
"I. A writ, order or direction in the nature of certiorari to quashing the order dated 08.01.2026
passed by respondent no.2 (Annexure No. 6) to this writ petition.
II. A writ, order or direction in the nature of mandamus directing the respondent no.2 to not
interfere in the possession of petitioner situated at Village-Admadpur Sadat, Post-Sarswa,
Tehsil-Nakud, District Saharanpur.
III. A writ, order or direction in the nature of mandamus directing the respondent no.2 to not to
demolish the house over khata no. 158 situated at Village-Admadpur Sadat, Post-Sarswa,
Tehsil-Nakud, District Saharanpur"
3. Shri Aand Tiwari, learned counsel for respondent has produced the
instructions received by him from the Oil Company which states that the
respondent shall not proceed without complying with the requirement of
Section 9(3) of the Petroleum and Minerals Pipelines (Acquisition of
Right of User in Land) Act, 1962. The relevant extract of instructions
reads below:
WRIC No. 8978 of 2026
2
"The letters bearing reference No. NRPL/RRK/ML/11.02 dated 13.102.2025 and 08.01.2026
were issued to the petitioner, requesting him to remove the encroachment on his own.
In case the encroachment is not removed, further action will be taken only in accordance with
Section 9(3) of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act,
1962, by moving an appropriate application before the District Judge."
4. In view of the above stand of the respondent Corporation no order is
required to be passed.
5. Accordingly the petition is disposed off.
(Sudhanshu Chauhan,J.) (Saral Srivastava,J.)
March 19, 2026
Nadeem
Digitally signed by :-
NADEEM AHMAD
High Court of Judicature at Allahabad
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