Allahabad High Court

VIKASH KUMAR PALversusSTATE OF U.P. AND 7 OTHERS

Decided: 4 May 2026
Bench: ARUN KUMAR

Holding

The petition is dismissed as the petitioner must first seek relief under Sections 26/67 of the Uttar Pradesh Revenue Code, 2006.

Summary

Vikash Kumar Pal filed a public interest litigation seeking a writ of mandamus directing certain respondents to remove illegal encroachments on a 0.0160 hectare plot in Jaunpur. The petition argued that the respondents had constructed on the land without authority. The respondents contended that the petitioner had an alternative remedy under Sections 26 and 67 of the Uttar Pradesh Revenue Code, citing earlier judgments. The High Court examined the precedent that such matters should first be pursued through the revenue administration. Concluding that the petitioner indeed possessed an alternative statutory remedy, the Court disposed of the petition, allowing the petitioner to approach the appropriate authority under the Revenue Code. Any subsequent application by the petitioner will be decided according to law.

Issues considered

Whether the petitioner has an alternative remedy under Sections 26/67 of the Uttar Pradesh Revenue Code, 2006, to address the alleged encroachment.
Whether the High Court can entertain a writ of mandamus in the presence of such an alternative statutory remedy.

Legislation cited

Uttar Pradesh Revenue Code, 2006 — s. 26, 67

Subjects

public interest litigation
mandamus
encroachment
land dispute
alternative remedy
Uttar Pradesh Revenue Code
section 26
section 67

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 1171 of 2026

Vikash Kumar Pal
.....Petitioner(s)
Versus

State Of U.P. And 7 Others
.....Respondent(s)

Counsel for Petitioner(s) : Vinod Rajmurti Yadav, Vinod Shankar
Tripathi
Counsel for Respondent(s) : Bhupendra Kumar Tripathi, C.S.C.,
Ravindra Kumar Mishra, Shyam Dhar
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 to 3. Sri Bhupendra Kumar Tripathi has
accepted notice on behalf of respondent no. 4 and Sri Shyam Dhar Gupta
has appeared for the 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. 2 and 3 to remove the encroachment and illegal
construction made by respondent no. 6, 7 and 8 over the Gata No. 645
area about 0.0160 hectare situated at Village - Dhaurahara, Tehsil
Machhalishahar, District Jaunpur recorded as 'Naali Nalkup' in the
revenue record within stipulated time."

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.
WPIL No. 1171 of 2026
2

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 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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