Allahabad High Court
RAMESH SINGHversusSTATE OF U.P. AND 6 OTHERS
- Decided
- Bench
- ARUN KUMAR
Holding
The petition is dismissed as the petitioner must first pursue the remedy available under Section 67 of the Uttar Pradesh Revenue Code, 2006.
Summary
The petitioner, Ramesh Singh, filed a public interest litigation seeking a writ of mandamus to compel authorities to remove illegal encroachments by respondents 5‑7 on land earmarked for an Anganwadi Center in Kaushambi district. The petition alleged that the encroachments would adversely affect villagers. The respondents raised a preliminary objection that the petitioner has an alternative remedy under Section 67 of the Uttar Pradesh Revenue Code, 2006, citing earlier judgments. The Court examined the precedent set in Amaruddin Ansari v. State of U.P. and the Kanhaiya Lal decision, which upheld the availability of the Section 67 remedy. Concluding that the alternative statutory remedy suffices, the Court disposed of the petition, directing the petitioner to approach the appropriate authority under Section 67 if desired. The petition was therefore not entertained on the merits.
Issues considered
- Whether the petitioner has a statutory alternative remedy under Section 67 of the Uttar Pradesh Revenue Code, 2006, to address the alleged encroachment.
- Whether the Court should entertain a writ of mandamus in a public interest litigation when an alternative remedy exists.
Legislation cited
- Uttar Pradesh Revenue Code, 2006 — s. 67
Subjects
- public interest litigation
- mandamus
- encroachment
- land use
- alternative remedy
- Section 67
- Uttar Pradesh Revenue Code
- Anganwadi Center
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 1036 of 2026
Ramesh Singh
.....Petitioner(s)
Versus
State Of U.P. And 6 Others
.....Respondent(s)
Counsel for Petitioner(s) : Alok Kumar Sharma, K.C. Mishra
Counsel for Respondent(s) : Azad Rai, C.S.C.
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 3. Sri Azad Rai has accepted notice on behalf
of respondent no. 4.
2. The present petition has been filed for the following relief:
"A-Issue a writ, order or direction in the nature of mandamus
commanding to respective authority to ensure the removal of
encroachment caused by respondent no.5 to 7 illegally over Gata No.
320m area 0.022 hect. situate at village- Parai Khagal, Pargana-Kada,
Tehsil Sirathu, District- Kaushambi by way of constructing houses
whereas it is preserved for Anganwadi Center within a very stipulated
time as per fixed by this Hon'ble Court otherwise, interest of a lot of
people/ villagers shall completely be affected which cannot be
compensated in any manner."
3. Learned Standing Counsel has raised a preliminary objection that
petitioner has an alternative remedy to approach appropriate authority by
moving an application under Section 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.
WPIL No. 1036 of 2026
2
4. In view of the aforesaid, the present petition is disposed of with liberty
to the petitioner to move an appropriate application before the appropriate
authority, under Section 67 of the U.P. Revenue Code, 2006. If any such
application is filed by the petitioner, the same shall be considered and
decided, in accordance with law.
(Arun Kumar,J.)
April 23, 2026
Ranjeet Sahu
Digitally signed by :-
RANJEET SAHU
High Court of Judicature at Allahabad
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