Allahabad High Court
ALHAM SIDDIQUIversusSTATE OF U.P. AND 5 OTHERS
- Decided
- Bench
- ARUN KUMAR
Holding
The petition is dismissed because an alternative remedy under Sections 26 and 67 of the Uttar Pradesh Revenue Code, 2006, is available.
Summary
Alham Siddiqui filed a PIL seeking a writ of mandamus directing the State of U.P. officials (respondents 2‑4) to take legal action against a third party (respondent 6) for removing an illegal encroachment on a 0.51‑hectare land parcel in Kaptanganj, Uttar Pradesh. The Court noted that the petitioner could instead approach the appropriate authority under Sections 26 and 67 of the Uttar Pradesh Revenue Code, 2006, as established in the recent judgment of Amaruddin Ansari v. State of U.P. and the earlier Kanhaiya Lal decision. Because an alternative statutory remedy exists, the Court declined to entertain the writ petition. It directed the petitioner to pursue the remedy under the Revenue Code and disposed of the writ petition.
Issues considered
- Whether the petitioner has an alternative statutory remedy under the Uttar Pradesh Revenue Code, 2006.
- Whether a writ of mandamus can be issued when an alternative remedy is available.
- Whether the Court should entertain the PIL seeking direction to remove the illegal encroachment.
Legislation cited
- Uttar Pradesh Revenue Code, 2006 — s. 26, 67
Subjects
- public interest litigation
- mandamus
- illegal encroachment
- land revenue
- alternative remedy
- writ jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 1033 of 2026
Alham Siddiqui
.....Petitioner(s)
Versus
State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Adiba Khatoon, Aditya Kumar
Kashyap
Counsel for Respondent(s) : C.S.C., Sudhir Bharti
Court No. - 55
HON'BLE ARUN KUMAR, J.
1. Heard learned counsel for the petitioner and learned Standing Counsel
for the respondent nos. 1 to 4. Sri Sudhir Bharti has accepted notice on
behalf of respondent no.5.
2. The present petition has been filed seeking following relief:-
"1. Issue a writ, order or direction in the nature of mandamus, commanding and
directing the respondent no. 2 to 4 to take necessary legal action/steps against the
respondent no. 6 for removing the illegal encroachment made upon the Gata No. 3141
area 0.5100 hectare situated in Village- Khotahi, Tola Rajpur, Tehsil Kaptanganj,
District Kushi Nagar, which is recorded as Rasta in the revenue record forthwith."
3. Learned Standing Counsel has raised a preliminary objection that
petitioner has an alternative remedy to approach appropriate authority by
moving an application under Sections 26 and 67 of the Uttar Pradesh
Revenue Code, 2006, in view of the Division Bench judgment of this
Court in the case of Amaruddin Ansari Vs. State of U.P. and 5 others,
passed in Public Interest Litigation (PIL) No.655 of 2026, decided on
18.03.2026, upholding the Coordinate Bench decision of this Court in the
case of Kanhaiya Lal Vs. State of U.P. and others reported in 2023 (12)
ADJ 226.
4. Since the petitioner has an alternative remedy, this Court is not inclined
to entertain the instant petition.
WPIL No. 1033 of 2026
2
5. In case, the petitioner moves an application under Sections 26 and 67
of Uttar Pradesh Revenue Code, 2006, before appropriate authority, the
same shall be decided after hearing all the concerned parties, in
accordance with law.
6. Accordingly, the writ petition is disposed of.
(Arun Kumar,J.)
April 23, 2026
Anil
Digitally signed by :-
ANIL KUMAR PATEL
High Court of Judicature at Allahabad
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