Uma Shankar Rai vs State of Uttar Pradesh and 10 Others — Allahabad HC (2026) — LawSathi Research

Uma Shankar Rai vs State of Uttar Pradesh and 10 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the Tehsildar, Mohammadabad, District Ghazipur, to decide Case No. T202514290213005 (under Section 67 of the U.P. Revenue Code, 2006) in accordance with law, after hearing all concerned parties, within three months from presentation of a certified copy of the order.

Issue for consideration

Whether a writ of mandamus should be issued commanding and directing respondent nos. 2 and 3 to remove the alleged illegal encroachment by respondent nos. 5 to 11 from the Gaon Sabha land, i.e., Arazi no. 66 (area 0.3600 hectare, recorded as Rasta/Chakmarg) and Arazi no. 81 (area 0.1830 hectare, recorded as Banjar land), situated at Mauza Lalalpur (Adai), Gram Panchayat Sukhpura, Pargana and Tehsil Mohammadabad, Distt. Ghazipur, Uttar Pradesh.

Court's answer

The petition is disposed of with a direction to the Tehsildar, Mohammadabad, District Ghazipur, to decide the pending case (Case No. T202514290213005 under Section 67 of the U.P. Revenue Code, 2006) in accordance with law, after hearing all the concerned parties, within a period of three months from the date of presentation of a certified copy of the order.

Detailed headnote1 paragraphs

Allahabad High Court (Arun Kumar, J.) disposed of a public interest litigation (PIL No. 1248 of 2026, Uma Shankar Rai versus State of Uttar Pradesh and 10 others) which sought a writ of mandamus commanding respondent nos. 2 and 3 to remove the alleged illegal encroachment by respondent nos. 5 to 11 from Gaon Sabha land, namely Arazi no. 66 (area 0.3600 hectare, recorded as Rasta/Chakmarg) and Arazi no. 81 (area 0.1830 hectare, recorded as Banjar land), at Mauza Lalalpur (Adai), Gram Panchayat Sukhpura, Pargana and Tehsil Mohammadabad, Distt. Ghazipur, Uttar Pradesh. Relying on the information furnished by the Information Officer, Mohammadabad (dated 22.11.2025), the Court noted that Plot No. 66 stands covered by an RCC road in active use, while as regards Plot No. 81, proceedings under Section 67 of the U.P. Revenue Code, 2006 had already been initiated against the encroachers in Case No. T202514290213005 before the Tehsildar, Mohammadabad. The petition was accordingly disposed of with a direction to the Tehsildar, Mohammadabad, to decide that case in accordance with law after hearing all concerned parties within three months of presentation of a certified copy of the order.

HIGH COURT OF JUDICATURE AT ALLAHABAD

PUBLIC INTEREST LITIGATION (PIL) No. - 1248 of 2026

Uma Shankar Rai

.....Petitioner(s)

Versus

State Of Uttar Pradesh And 10 Others

.....Respondent(s)

Counsel for Petitioner(s)	: Akhilesh Gautam	Kumar,	Ashutosh Kumar
Counsel for Respondent(s)	: Bhupendra	Kumar	Tripathi, C.S.C.
Court No.- 55

HON'BLE ARUN KUMAR, J.

Heard Sri Ashutosh Kumar Gautam, learned counsel for the petitioner; learned Standing Counsel for the respondent nos. 1 to 3 and Sri Bhupendra Kumar Tripathi for the respondent no. 4.

The present petition has been filed for the following relief:-

"(i) issue an order or direction in the nature of writ of mandamus commanding and directing the respondent no. 2 and 3 to remove the illegal encroachment from the Gaon Sabha land i.e. Arazi no. 66 area 0.3600 hectare recorded as Rasta (Chakmarg) and Arazi no. 81 area 0.1830 hectare recorded as "Banjar land" situated at Mauza Lalalpur (Adai) Gram Panchayat Sukhpura, Pargana and Tehsil- Mohammadabad, Distt. Ghazipur, Uttar Pradesh, which has been illegally encroached by the respondent no. 5 to 11 within a stipulated period to be fixed by this Hon'ble Court in the interest of justice."

Learned counsel appearing for the respondent no. 4 has drawn attention of the Court to the information provided by the Information Officer, Mohammadabad, District Ghazipur, dated 22.11.2025, which shows that Plot No. 66, recorded as chakroad is covered with an RCC Road, over which movement is going on. However, in respect of Plot No. 81, proceedings under Section 67 of the U.P. Revenue Code, 2006, have been initiated against the encroachers, in which Case No. T202514290213005 has been registered before the Tehsildar Mohammadabad.

In view of the aforesaid, the present petition is disposed of with the

WPIL No. 1248 of 2026

2

direction to the Tehsildar Mohammadabad, District Ghazipur, to decide the aforesaid case, in accordance with law, after hearing all the concerned parties, within a period of three months, from the date of presentation of a certified copy of this order.

(Arun Kumar,J.)

May 14, 2026 Ranjeet Sahu

Digitally signed by :- RANJEET SAHU High Court of Judicature at Allahabad