Allahabad High Court
PANELAL KUSHWAHAversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- ARUN KUMAR
Holding
The Court held that the petitioner must pursue the alternative remedy under Section 67 of the Uttar Pradesh Revenue Code, 2006, and therefore the writ petition was not maintainable.
Summary
Panelal Kushwaha filed a PIL seeking a mandamus directing the State of Uttar Pradesh and others to remove an encroachment on Gata No. 385 (0.0160 hectare) in Lakhuwa Lakhui, Kushinagar. The respondents argued that the petitioner has an alternative remedy under Section 67 of the Uttar Pradesh Revenue Code, 2006, citing the Court's earlier decisions in Amaruddin Ansari v. State of U.P. (PIL 655 of 2026) and Kanhaiya Lal v. State of U.P. (2023 ADJ 226). The Court accepted this preliminary objection, holding that the appropriate forum is the revenue authority under the statutory provision. Consequently, the petition was dismissed, but the petitioner was given liberty to file an application under Section 67. Any such application, if filed, will be considered in accordance with law.
Issues considered
- Whether the High Court can entertain a writ of mandamus for removal of land encroachment in a PIL.
- Whether the petitioner has an alternative statutory remedy under Section 67 of the Uttar Pradesh Revenue Code, 2006.
Legislation cited
- Uttar Pradesh Revenue Code, 2006 — s. 67
Subjects
- Public Interest Litigation
- Mandamus
- Land Encroachment
- Alternative Remedy
- Section 67
- Uttar Pradesh Revenue Code
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 1165 of 2026
Panelal Kushwaha
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Shailendra Kumar Singh
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. Sri Sudhir Bharti has accepted notice on
behalf of respondent no. 5.
2. The present petition has been filed for the following relief:
"a) to issue a writ, order or direction in the nature of mandamus directing
the respondent authority to remove the encroachment over Gata Nos. 385,
area 0.0160 Hectare recorded as Navin Parati in the revenue record
which situated in village Lakhuwa lakhui, Tehsil khaddha, 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
application is filed by the petitioner, the same shall be considered and
WPIL No. 1165 of 2026
2
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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