Allahabad High Court
MANOJ KUMAR SHUKLAversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- ARUN KUMAR
Holding
The petition is not maintainable because the petitioner must first avail the alternative remedy under Section 67 of the Uttar Pradesh Revenue Code, 2006.
Summary
Manoj Kumar Shukla filed a PIL seeking mandamus directing the respondents to enforce earlier orders restraining construction and to decide applications alleging illegal construction on reserve land. The respondents argued that the petitioner had an alternative remedy under Section 67 of the Uttar Pradesh Revenue Code, 2006. The court examined the preliminary objection in light of the Division Bench decision in Amaruddin Ansari v. State of U.P. and the earlier Coordinate Bench ruling in Kanhaiya Lal v. State of U.P. Both precedents held that where a specific statutory remedy exists, a writ petition is not maintainable. Accordingly, the court held that the petitioner must first approach the appropriate authority under Section 67. The petition was therefore disposed, with liberty granted to the petitioner to file the statutory application.
Issues considered
- Whether the petitioner has a maintainable remedy before the High Court for mandamus when an alternative statutory remedy under Section 67 of the Uttar Pradesh Revenue Code, 2006 is available.
- Whether the earlier orders restraining construction can be enforced through a writ of mandamus in the present PIL.
Legislation cited
- Uttar Pradesh Revenue Code, 2006 — s. 67
Subjects
- Public Interest Litigation
- Mandamus
- Alternative Remedy
- Section 67
- Uttar Pradesh Revenue Code
- Construction on Reserve Land
- Preliminary Objection
- Jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 1163 of 2026
Manoj Kumar Shukla
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rajesh Kumar
Counsel for Respondent(s) : Achal Singh, 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 4. Sri Achal Singh 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 directing
the respondent no. 3 and 4 to comply the order/direction dated
22.11.2025 passed by respondent no.2 and order/direction dated
12.11.2025 passed by respondent no. 3 in which the construction work
restrain passed in application/complaint filed by the petitioner.
(ii) Issue a writ, order or direction in the nature of mandamus direct the
respondents to decide and pass order on the application/representations
on dated 2.9.2025, 4.9.2025, 13.10.2025, 19.10.2025, through IGRS
stating therein that the husband of Gram Pradhan illegally constructed
the Barat Ghar over the reserve land gata no. 1230 (Khalihan) and gata
no. 1242 (Navin Parti) in place of gata no. 1246 within stipulated period
which may be fixed by this Hon'ble court."
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,
WPIL No. 1163 of 2026
2
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.
(Arun Kumar,J.)
May 5, 2026
Ranjeet Sahu
Digitally signed by :-
RANJEET SAHU
High Court of Judicature at Allahabad
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