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Allahabad High Court

SATYAPRIYA TOMARversusSTATE OF U.P. AND 12 OTHERS

Decided

Holding

The petition is not maintainable because the petitioner has an alternative remedy under Section 67 of the Uttar Pradesh Revenue Code, 2006.

Summary

The petitioner sought a writ of mandamus to restrain respondents from constructing a temple over an Anganwadi Kendra in Shikohpur, Baghpat. The respondents raised a preliminary objection that the petitioner had an alternative remedy under Section 67 of the Uttar Pradesh Revenue Code, 2006, citing the Court's recent decisions in Amaruddin Ansari v. State of U.P. and Kanhaiya Lal v. State of U.P. The Court examined whether the petition was maintainable in view of the statutory alternative. It held that the existence of a specific statutory remedy barred the petition. Consequently, the petition was disposed of, with liberty granted to the petitioner to file an application under Section 67 of the U.P. Revenue Code. Any such application will be decided on its merits.

Issues considered

  • Whether the petitioner has a statutory alternative remedy under Section 67 of the Uttar Pradesh Revenue Code, 2006, precluding the filing of a writ petition.
  • Whether the High Court can entertain a mandamus petition to restrain construction of a temple over an Anganwadi Kendra.

Legislation cited

Subjects

  • Public Interest Litigation
  • Mandamus
  • Alternative Remedy
  • Uttar Pradesh Revenue Code
  • Section 67
  • Temple Construction
  • Anganwadi
  • Jurisdiction

Judgment

                                                     HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                   PUBLIC INTEREST LITIGATION (PIL) No. - 1041 of 2026

                                    Satyapriya Tomar
                                                                                                            .....Petitioner(s)
                                                                             Versus
                                    State Of U.P. And 12 Others
                                                                                                          .....Respondent(s)

                                    Counsel for Petitioner(s)                         :   Sandeep Kumar Singh
                                    Counsel for Respondent(s)                         :   C.S.C., Sunil Kumar Singh

                                    Court No. - 55
                                                                HON'BLE ARUN KUMAR, J.

                                    1. Heard Sri Sandeep Kumar Singh, learned counsel for the petitioner and learned
                                    Standing Counsel for the respondent nos. 1 to 5. Sri Sunil Kumar Singh has accepted
                                    notice on behalf of respondent no. 6.

                                    2. The present petition has been filed for the following relief:

                                    "i) issue a writ, order or direction in the nature of mandamus directing the respondent
                                    authorities to restrain the respondent Nos.7 to 13 or other aliments not to raise
                                    construction of temple over the Anganwadi Kendra situated in village -Shikohpur,
                                    Tehsil and District-Baghpat."

                                    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.

                                    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.

                                    April 23, 2026
                                    Ranjeet Sahu

                                                                                                         (Arun Kumar,J.)




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

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