Sarnam Singh vs State of U.P. Thru. Prin. Secy. Revenue Deptt. Revenue Lko. and 4 Others — Allahabad HC (2025) — LawSathi Research

Sarnam Singh vs State of U.P. Thru. Prin. Secy. Revenue Deptt. Revenue Lko. and 4 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim directions only: (i) respondents to file a short counter affidavit within ten days; (ii) matter to be listed on 18.12.2025 within the top ten cases of the board; (iii) till the next date, without proper demarcation of NHAI land, no construction shall be carried out encroaching the petitioner's land.

Issue for consideration

Whether opposite party no.5 (NHAI) can construct a road on the petitioner's land, Gata No. 209 Ga (Minzumla 0.1260 hectare), Village Tarauna, Pargana & Tehsil Malihabad, District Lucknow, without acquisition or requisition. +1 more

Court's answer

As an interim measure, till the next date of listing, no construction shall be carried out encroaching the petitioner's land without proper demarcation of the land belonging to NHAI.

Ratio / Principle

The respondents were directed to file a short counter affidavit within ten days, and the matter was directed to be listed on 18.12.2025 within the top ten cases of the board.

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), WRIT - C No. 11322 of 2025 (Sarnam Singh v. State of U.P. thr. Prin. Secy. Revenue Deptt. & 4 Others) — interim order dated 05.12.2025 (Division Bench: Sangeeta Chandra and Amitabh Kumar Rai, JJ.). The petitioner alleged that, without acquisition or requisition, his land (Gata No. 209 Ga, Minzumla 0.1260 hectare, Village Tarauna, Pargana & Tehsil Malihabad, District Lucknow) had been taken and NHAI was constructing a road over it; he prayed for mandamus restraining construction and for compensation. Learned Standing Counsel produced instructions dated 25.11.2025 of the S.D.M., Malihabad, recording a joint revenue–NHAI on-the-spot inspection of Gata No. 209 on 24.11.2025; the demarcation remained unfinished because the gata is adjacent to the District Unnao border, and a joint team of Lucknow and Unnao revenue officials with NHAI officials is to be constituted. The Court directed the respondents to file a short counter affidavit within ten days, listed the matter for 18.12.2025 within the top ten cases, and as an interim measure restrained any construction encroaching the petitioner's land until proper demarcation of NHAI land is done.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

WRIT - C No. - 11322 of 2025

Sarnam Singh

.....Petitioner(s)

Versus

State Of U.P. Thru. Prin. Secy. Revenue Deptt. Revenue Lko. And 4 Others

.....Respondent(s)

Counsel for Petitioner(s)	: Mata Prasad Chaturvedi, Shiv Kumar Yadav
Counsel for Respondent(s)	: C.S.C., Sarvesh Kumar Dubey, Vatsala Singh

Court No. - 2

HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J.

Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents and Ms. Vatsala Singh, learned counsel for NHAI.

This writ petition has been filed with the following prayers :-

(i) Issue a writ, order or direction in the nature of mandamus commanding / directing the opposite party no.5 not to make any illegal construction by way of making road on the petitioner's land Gata No.209 Ga, Minzumla 0.1260 Hect. situated at Village Tarauna, Pargana & Tehsil - Malihabad, District Lucknow, in the interest of justice.

(ii) Issue a writ, order or direction in the nature of mandamus commanding / directing the opposite party no.5 to compensate the petitioner for the loss caused by opposite party no.5 by constructing the road on the petitioner's land, in the interest of justice.

It is the case of the petitioner that, without acquisition or requisition, his land, i.e., Gata No. 209 Ga, Minzumla 0.1260 hectare, situated at Village Tarauna, Pargana & Tehsil Malihabad, District Lucknow, has been taken away and the NHAI is constructing a road over it.

Learned Standing Counsel has produced before this Court the instructions dated 25.11.2025, sent by the S.D.M., Malihabad, Lucknow, wherein it has been stated that on 24.11.2025 a joint team of revenue officials and NHAI conducted an on-the-spot inspection of Gata No. 209 situated in Village Tarauna and a demarcation was

WRIC No. 11322 of 2025

2

done. Since Gata No.209 is adjacent to the District Unnao border, the demarcation exercise could not be carried out properly and remained unfinished. Now a joint team will be constituted of revenue officials of District Lucknow and District Unnao, along with National Highways Authority officials.

Let a short counter affidavit be filed by the respondents within ten days.

List this matter on 18.12.2025 within the top ten cases of the board.

Till the next date of listing, without proper demarcation of land belonging to NHAI, no construction shall be carried out encroaching the land of the petitioner.

December 5, 2025 Ashish Dewal

(Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.)

Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench