Kashi Prasad vs State of U.P. Thru. Prin. Secy… — Writ and Judicial Review | Allahabad HC (2026)

Kashi Prasad vs State of U.P. Thru. Prin. Secy… — Writ and Judicial Review | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Writ petition disposed of with directions: a fresh measurement under the aegis of the District Magistrate to be completed within two weeks; construction of the Anupurna Bhawan to remain stayed until the measurement is completed; and the authorities to act in accordance with the District Magistrate's measurement. No compensation awarded in this order.

Issue for consideration

Whether the construction of the 'Anupurna Bhawan' by the Gram Sabha encroaches upon the petitioner's land (Gata No. 57, Village Balahari Khurd, Tehsil Mankapur, District Gonda) as distinct from Gram Sabha land (Gata No. 67), in view of the contested Tehsildar measurement dated 07.01.2026, and whether a fresh measurement/demarcation is required.

Court's answer

A proper measurement is required to be done under the aegis of the District Magistrate; it must be completed within two weeks from the date of the order, and until such measurement is completed, the construction of the Anupurna Bhawan shall remain stayed.

Ratio / Principle

The authorities are directed to act in accordance with the measurement carried out by the District Magistrate.

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Division Bench (Shekhar B. Saraf and Manjive Shukla, JJ.), disposed of an Article 226 writ petition by Kashi Prasad seeking restraint on construction of the 'Anupurna Bhawan' on his land (Gata No. 57, area 0.206 hectare, Village Balahari Khurd, Pargana Babhani Payar, Tehsil Mankapur, District Gonda) and compensation for destroyed crops. Observing a demarcation dispute between the petitioner's Gata No. 57 and Gram Sabha Gata No. 67, and that construction was proceeding on the basis of a Tehsildar measurement dated 07.01.2026 which the petitioner contested, the Court ordered a fresh measurement under the aegis of the District Magistrate to be completed within two weeks, stayed the construction until its completion, and directed the authorities to act in accordance with the District Magistrate's measurement.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

WRIT - C No. - 548 of 2026

Kashi Prasad

.....Petitioner(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Lko. And 7 Others

.....Respondent(s)

Counsel for Petitioner(s) : Alok Srivastava Counsel for Respondent(s) : C.S.C., Pankaj Gupta

Court No. - 3

HON'BLE SHEKHAR B. SARAF, J. HON'BLE MANJIVE SHUKLA, J.

Supplementary Affidavit filed today is taken on record.

Heard learned counsels appearing on behalf of the parties.

This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioner has prayed for the following substantial relief(s):

"(i). issue a writ order or direction in the nature of mandamus, whereby command and direct the opposite parties no. 2 to 5, to stop/restrain the opposite parties no. 7 and 8 from raising construction of the "Anupurna Bhawan", upon the land belongs to the petitioner i.e. Gata No. 57 area 0.206 hectare, situated at Village- Balahari Khurd, Pargana Babhani Payar, Tehsil- Mankapur, District- Gonda and also restrain from taking forceful and unauthorized possession over the aforesaid land, forthwith.

(ii). issue a writ order or direction in the nature of mandamus, whereby commanding and directing the opposite party nos. 2 to 7 to make compensation to the petitioner for destroying the crops, standing over the land Gata No. 57 of the petitioner.

(iii). issue any other order or direction, which this Hon'ble Court may deem, fit, just and proper in the circumstances of the case may also passed in favour of the petitioners.

WRIC No. 548 of 2026

2

(iv). allow the writ petition with costs against the opposite parties."

There appears to be a dispute with regard to the demarcation of the property belonging to the petitioner under Gata No. 57 and the property of the Gram Sabha on Gata No. 67. Construction has been started by the Gram Sabha of a Anupurna Bhawan on the land allegedly belonging to the Gram Sabha, which is contested by the petitioner, who submits that a portion of the construction is being carried out on land belonging to him.

It appears that a measurement was carried out by the Tehsildar on 07.01.2026 and on the basis of the same, the construction is being done. This submission of the Gram Sabha is contested by the petitioner.

Accordingly, we are of the view that a proper measurement is required to be done under the aegis of the District Magistrate. Such measurement should be completed within a period of two weeks from date and till such measurement is completed the construction of the Anupurna Bhawan shall remain stayed.

With the above direction, the writ petition is disposed of .

The authorities are directed to act in accordance with the measurement carried out by the District Magistrate.

(Manjive Shukla,J.) (Shekhar B. Saraf,J.)

January 30, 2026

Satish

Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench