Allahabad High Court

MITHILESH KUMAR SHUKLAversusSTATE OF U.P. AND 4 OTHERS

Decided: 4 May 2026
Bench: ARUN KUMAR

Holding

The petition is disposed of, directing the petitioner to pursue relief under Section 67 of the Uttar Pradesh Revenue Code, 2006.

Summary

Mithilesh Kumar Shukla filed a public interest litigation seeking a writ of mandamus directing the State of Uttar Pradesh and other respondents to remove an alleged illegal encroachment on public utility land (Arazi Nos. 15‑17) in Dharupur, Prayagraj. The respondents raised a preliminary objection that the petitioner had an alternative remedy under Section 67 of the Uttar Pradesh Revenue Code, 2006, relying on the Court’s earlier decisions in Amaruddin Ansari v. State of U.P. (PIL No. 655 of 2026) and Kanhaiya Lal v. State of U.P. (2023 ADJ 226). The Court held that the petition could not proceed because the statutory remedy was available. Consequently, the petition was disposed of, with liberty granted to the petitioner to file an application under Section 67 before the appropriate authority, which will be decided according to law.

Issues considered

Whether the petitioner has an alternative statutory remedy under Section 67 of the Uttar Pradesh Revenue Code, 2006, rendering the writ petition inadmissible
Whether a writ of mandamus is the appropriate remedy for removal of the alleged illegal encroachment

Legislation cited

Uttar Pradesh Revenue Code, 2006 — s. 67

Subjects

public interest litigation
mandamus
illegal encroachment
public utility land
alternative remedy
Section 67
Uttar Pradesh Revenue Code
writ jurisdiction

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 1160 of 2026

Mithilesh Kumar Shukla
.....Petitioner(s)
Versus

State Of U.P. And 4 Others
.....Respondent(s)

Counsel for Petitioner(s) : Dhiraj Singh
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:

"Issue a writ, order or direction in the nature of writ of mandamus
commanding the respondents authorities to take necessary action for
removing the illegal encroachment made by respondent no. 5
encroachment on (Public Utility Land) i.e. Arazi No. 15, 16 & 17
(Banjar) situated in Village- Dharupur, Tehsil Handia, District-
Prayagraj."

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. 1160 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

Continue reading with your account

Checking your session…