Vinod Kumar Singh vs State of U.P. Thru. Prin. Secy. Deptt. of Urban Development Lko. and 8 Others — Allahabad HC (2026) — LawSathi Research

Vinod Kumar Singh vs State of U.P. Thru. Prin. Secy. Deptt. of Urban Development Lko. and 8 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim directions only: notice ordered to be issued to respondent Nos.6 to 9 (service through the Nagar Panchayat, Bakshi Ka Talab, Lucknow); matter listed for 22.01.2026 as fresh with a warning that adverse orders shall be passed against respondent Nos.6 to 9 if the alleged encroachment is not removed by then. The petition itself was not finally allowed or dismissed at this stage.

Issue for consideration

Whether a writ of mandamus should be issued commanding opposite party nos. 2 & 3 to decide the petitioner's pending representation dated 10.11.2025 and forthwith remove the illegal encroachment from the government road and drainage at Rajapur Indaura, Nagar Panchayat, Bakshi Ka Talab, Lucknow, and restrain the private respondents from further illegal construction. +1 more

Court's answer

The Nagar Panchayat was found, prima facie, to be negligent in the performance of its duties.

Ratio / Principle

On perusal of the coloured photographs filed by the petitioner as Annexure-4 to the writ petition, the Court found that, apparently, there is encroachment on the public street, and that notices sent to the private respondents had not resulted in its removal.

Key takeaways

Notice was issued to respondent Nos.6 to 9, to be served upon them through the Nagar Panchayat, Bakshi Ka Talab, Lucknow.ratio¶22
The matter was directed to be listed on 22.01.2026 as fresh, with a warning that if respondent Nos.6 to 9 have not removed the alleged encroachment by that date, the Court shall pass adverse order against them.ratio¶23

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Division Bench of Mrs. Sangeeta Chandra and Amitabh Kumar Rai, JJ., in Writ-C No. 267 of 2026 (Vinod Kumar Singh v. State of U.P.): writ petition seeking mandamus to opposite party nos. 2 & 3 to decide the petitioner's pending representation dated 10.11.2025 and to remove alleged illegal encroachment over a public street/government road and drainage at Rajapur Indaura, Nagar Panchayat, Bakshi Ka Talab, Lucknow. Counsel for the Nagar Panchayat conceded that notices dated 06.09.2025, 19.09.2025 and 27.10.2025 were issued to private respondents No.6 to 9 but the encroachment remained. On perusal of coloured photographs (Annexure-4), the Court found apparent encroachment and observed that the Nagar Panchayat was prima facie negligent in the performance of its duties. Notice was ordered to be issued to respondent Nos.6 to 9 through the Nagar Panchayat, and the matter was listed for 22.01.2026 as fresh, with a warning that adverse orders would be passed against respondent Nos.6 to 9 if the alleged encroachment was not removed by that date. Interim-stage order; no statute or precedent cited.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

WRIT - C No. - 267 of 2026

Vinod Kumar Singh

.....Petitioner(s)

Versus

State Of U.P. Thru. Prin. Secy. Deptt. Of Urban Development Lko. And 8 Others

.....Respondent(s)

Counsel for Petitioner(s) : Dhirendra Kumar Awasthi Counsel for Respondent(s) : C.S.C., Surya Prakash 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, who appears on behalf of State-respondent Nos.1 to 4 and Shri Surya Prakash Singh, learned counsel, who appears on behalf of respondent No.5- Nagar Panchayat, Bakshi Ka Talab, Lucknow.

This petition has been filed with the following prayers :-

"(I) Issue a writ, order or direction in the nature of mandamus commanding and directing to the opposite party no.2 & 3 to decide the petitioner's pending representation dated 10.11.2025 and forthwith remove illegal encroachment from government road and drainage at Rajapur Indaura, Nagar Panchayat, Bakshi Ka Talab, Lucknow and restrain the private respondents from raising any further illegal construction, in the interest of justice. (Contained in Annexure No.1 (Colly.) to this writ petition)

(II) Issue any other suitable writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case.

(III) Award the cost of the petition in favour of the petitioner."

It has been submitted by the learned counsel for the petitioner that in his representation dated 10.11.2025, it was stated that the private respondents No.6 to 9 have raised illegal construction over a public street. The petitioner had approached the Nagar Panchayat, Bakshi Ka Talab, Lucknow and notice was issued on 06.09.2025 to the private respondents for removal of encroachment on the public street on their own, failing which proceedings

WRIC No. 267 of 2026

2

were to be initiated against them. However, despite such notice having been issued by the Executive Officer, Nagar Panchayat, Bakshi Ka Talab, Lucknow, no steps have been taken either by the private respondents or by the Executive Officer, Nagar Panchayat, Bakshi Ka Talab, Lucknow to remove the unauthorized construction over the public street.

Learned counsel appearing on behalf of Nagar Panchayat, Bakshi Ka Talab, Lucknow, on the basis of instructions, states that notices were issued on 06.09.2025, 19.09.2025 and 27.10.2025, but till date encroachment on the public street has not been removed.

We have gone through the coloured photographs filed by the petitioner as Annexure-4 to the writ petition and find that, apparently, there is encroachment. Notices have already been sent to the private respondents, who have not removed such encroachment. The Nagar Panchayat is found, prima facie, to be negligent in the performance of its duties by this Court.

Therefore, we issue notice to respondent Nos.6 to 9 and the said notice shall be served upon respondent Nos.6 to 9 through the Nagar Panchayat, Bakshi Ka Talab, Lucknow.

List this matter on 22.01.2026 as fresh , by which date, in case respondent Nos.6 to 9 have not removed the alleged encroachment, this Court shall pass adverse order against them.

(Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) January 14, 2026 Shubhankar

Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench