Allahabad High Court
SATYAPRIYA TOMARversusSTATE OF U.P. AND 12 OTHERS
- Decided
- Bench
- ARUN KUMAR
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
- Uttar Pradesh Revenue Code, 2006 — s. 67
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
Checking your session…