Allahabad High Court

MUMTAJ AHMADversusSTATE OF U.P. AND 6 OTHERS

Decided: 4 May 2026
Bench: ARUN KUMAR

Holding

The petition is dismissed, and the petitioner must pursue the remedy under Section 67 of the Uttar Pradesh Revenue Code, 2006.

Summary

The petitioner, Mumtaj Ahmad, filed a public interest litigation seeking a writ of mandamus directing the State of Uttar Pradesh and other respondents to remove an encroachment on a 0.081 hectare Banjar land parcel in Kushinagar district. The court noted a preliminary objection that the petitioner has an alternative remedy under Section 67 of the Uttar Pradesh Revenue Code, 2006, to approach the appropriate revenue authority. Relying on the Division Bench judgment in Amaruddin Ansari v. State of U.P. (PIL No. 655 of 2026) and the earlier coordinate bench decision in Kanhaiya Lal v. State of U.P. (2023 (12) ADJ 226), the court held that the petition is not maintainable in its present form. 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, if filed, will be decided according to law.

Issues considered

Whether the petitioner has a maintainable remedy before the High Court for removal of encroachment on Banjar land.
Whether the availability of an alternative remedy under Section 67 of the Uttar Pradesh Revenue Code bars the petition for mandamus.

Legislation cited

Uttar Pradesh Revenue Code, 2006 — s. 67

Subjects

public interest litigation
mandamus
encroachment
Banjar land
revenue law
alternative remedy
Section 67
Uttar Pradesh Revenue Code

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 1156 of 2026

Mumtaj Ahmad
.....Petitioner(s)
Versus

State Of U.P. And 6 Others
.....Respondent(s)

Counsel for Petitioner(s) : Ashok Kumar Patel
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 & 6. Sri Sudhir Bharti has accepted notice
on behalf of respondent no. 5.

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

"(i) Issue a writ, order or direction in the nature of commanding
mandamus the respondents to remove/demolish encroachment over the
arazi no.6/12 meter area 0.081 hectare same is recorded as Banjar land
in revenue record which is situated at village Mahuwa Bujurg, Police
Station Turkpatti, Tappa Bhaluwa, Pargana Sindhuwa Jobna, Tehsil
Kasya, District Kushinagar."

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
WPIL No. 1156 of 2026
2

application is filed by the petitioner, the same shall be considered and
decided, in accordance with law.

(Arun Kumar,J.)
May 5, 2026
Ranjeet Sahu

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

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