Allahabad High Court
NARENDRA KUMARversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- ARUN KUMAR
Holding
The petition is dismissed as the petitioner must first pursue the remedy available under Section 67 of the Uttar Pradesh Revenue Code, 2006.
Summary
Narendra Kumar filed a PIL seeking a court direction to the State of Uttar Pradesh to act against a fourth respondent for removing an illegal encroachment on Plot No. 535, recorded as banjar land in Basti district. The respondent's standing counsel argued that the petitioner has an alternative remedy under Section 67 of the Uttar Pradesh Revenue Code, 2006, relying on earlier judgments of this Court. The Court examined the precedent set in Amaruddin Ansari v. State of U.P. and Kanhaiya Lal v. State of U.P., which held that such matters should be pursued through the statutory remedy. Consequently, the Court disposed of the petition, granting the petitioner liberty to file an application under Section 67 before the appropriate authority. Any such application, if filed, will be considered and decided according to law.
Issues considered
- Whether the petitioner has an alternative statutory remedy under Section 67 of the Uttar Pradesh Revenue Code, 2006 for removal of illegal encroachment on banjar land.
- Whether the High Court can entertain a PIL seeking a direction to the State in view of the existence of the alternative remedy.
Legislation cited
- Uttar Pradesh Revenue Code, 2006 — s. 67
Subjects
- public interest litigation
- illegal encroachment
- banjar land
- Uttar Pradesh Revenue Code
- Section 67
- alternative remedy
- revenue law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 1169 of 2026
Narendra Kumar
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ram Mani Upadhyay, Shantanu Pandey
Counsel for Respondent(s) : C.S.C., Pankaj Kumar Gupta
Court No. - 55
HON'BLE ARUN KUMAR, J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for the
respondent nos. 1 & 2. Sri Pankaj Kumar Gupta has accepted notice on behalf of
respondent no. 3.
2. The present petition has been filed seeking a direction to the respondent no. 2 to
take necessary action against the respondent no. 4 for removing illegal encroachment
over Plot No.535, area 0.0610 hectare, recorded as banjar in the relevant revenue
records, relating to Village Suhai, Tehsil Bhanpur, District Basti.
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 decided, in accordance with law.
May 5, 2026
Ranjeet Sahu
(Arun Kumar,J.)
Digitally signed by :-
RANJEET SAHU
High Court of Judicature at Allahabad
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