Allahabad High Court
SOHAN RAMversusSTATE OF U.P. AND 5 OTHERS
- Decided
- Bench
- ARUN KUMAR
Holding
The petition is dismissed as the petitioner must first pursue the alternative remedy under Sections 26/67 of the Uttar Pradesh Revenue Code, 2006.
Summary
Sohan Ram filed a Public Interest Litigation seeking a writ of mandamus directing certain state officials to initiate legal action against a third party for removal of an encroachment on public utility land in Azamgarh. The petition alleged that the encroachment, recorded as Gata No.342, occupied 0.0540 hectare and caused nuisance and obstruction. The respondents raised a preliminary objection that the petitioner had an alternative remedy under Sections 26 and 67 of the Uttar Pradesh Revenue Code, 2006. The Court relied on its earlier decisions in Amaruddin Ansari v. State of U.P. and Kanhaiya Lal v. State of U.P., which upheld the requirement to exhaust such statutory remedies. Consequently, the Court disposed of the petition, granting the petitioner liberty to file the appropriate application under the Revenue Code. Any such application, if filed, will be considered and decided in accordance with law.
Issues considered
- Whether a PIL seeking mandamus is maintainable when an alternative statutory remedy under the Uttar Pradesh Revenue Code, 2006, is available.
- Whether the Court can compel state officials to take action against a private respondent for removal of encroachment on public utility land.
Legislation cited
- Uttar Pradesh Revenue Code, 2006 — s. 26, 67
Subjects
- Public Interest Litigation
- Mandamus
- Alternative Remedy
- Revenue Law
- Encroachment
- Public Utility Land
- Uttar Pradesh Revenue Code
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 1157 of 2026
Sohan Ram
.....Petitioner(s)
Versus
State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Manoj Kumar Singh
Counsel for Respondent(s) : C.S.C., Rameshwar Prasad Shukla
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 Sri Rameshwar Prasad Shukla 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 Mandamus
commanding the respondents No.2 to 4 to take legal steps against the
respondent no.6 for removal of the encroachment nuisance and
obstruction over the public utility land regarding to Gata No.342 Area
0.0540 hectare recorded in revenue record as 'Navin Parti', which is
situated in Village- Shepur Bujurg, Tehsil Sadar, Police Station-
Jahanaganj, District- Azamgarh."
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 26/67 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
WPIL No. 1157 of 2026
2
authority, under Section 26/67 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.)
May 5, 2026
Ranjeet Sahu
Digitally signed by :-
RANJEET SAHU
High Court of Judicature at Allahabad
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