Allahabad High Court

DALIP SINGH @ DALIP SINGH SOLANKIversusSTATE OF U.P. AND 4 OTHERS

Decided: 5 May 2026
Bench: ARUN KUMAR

Holding

The petition is not maintainable because an alternative remedy under Section 67 of the Uttar Pradesh Revenue Code, 2006 is available.

Summary

Petitioner Dalip Singh filed a PIL seeking a court order to remove an alleged illegal possession of 0.570 hectare of Potter's Clay land in Village Sahara, Agra. The respondents, the State of Uttar Pradesh and others, raised a preliminary objection that the petitioner has an alternative remedy under Section 67 of the Uttar Pradesh Revenue Code, 2006. The court referred to its 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), which held that where a specific statutory remedy exists, a writ petition is not maintainable. Consequently, the court declined to entertain the petition, directing the petitioner to approach the appropriate authority under the revenue code. The writ petition was therefore disposed of.

Issues considered

Whether a writ petition seeking removal of illegal possession of land is maintainable when an alternative remedy under Section 67 of the Uttar Pradesh Revenue Code, 2006 is available.

Legislation cited

Uttar Pradesh Revenue Code, 2006 — s. 67

Subjects

public interest litigation
illegal possession
land revenue
alternative remedy
Section 67
Uttar Pradesh Revenue Code
writ petition
jurisdiction

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 1173 of 2026

Dalip Singh @ Dalip Singh Solanki
.....Petitioner(s)
Versus

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

Counsel for Petitioner(s) : Devashish Tripathi
Counsel for Respondent(s) : Avinash Chandra Srivastava, C.S.C.

Court No. - 55
HON'BLE ARUN KUMAR, J.

1. Heard Sri Devashish Tripathi, learned counsel for the petitioner,
learned Standing Counsel for the respondents State and Sri Avinash
Chandra Srivastava for the Gaon Sabha.

2. The present petition has been filed seeking a direction to the respondent
authorities to remove the violation or illegal possession of Gata No.440
area 0.570 hectare, recorded as Potter's Clay in the revenue records,
relating to Village Sahara, Tehsil Agra, District Agra.

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. Since the petitioner has an alternative remedy, this Court is not inclined
to entertain the instant petition.

5. In case, the petitioner moves an application under Section 67 of Uttar
Pradesh Revenue Code, 2006, before appropriate authority, the same shall
be decided after hearing all the concerned parties, in accordance with law.
WPIL No. 1173 of 2026
2

6. Accordingly, the writ petition is disposed of.

(Arun Kumar,J.)
May 6, 2026
Anil

Digitally signed by :-
ANIL KUMAR PATEL
High Court of Judicature at Allahabad

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