Allahabad High Court
ANAND KUMAR MISHRAversusSTATE OF U.P. AND 13 OTHERS
- Decided
- Bench
- ARUN KUMAR
Holding
The petition is dismissed because an alternative remedy under Section 67 of the Uttar Pradesh Revenue Code, 2006 is available.
Summary
Anand Kumar Mishra filed a PIL seeking writs of mandamus directing certain respondents to remove alleged illegal encroachments on specific village lands in Prayagraj district. The court noted that the petitioner has an alternative statutory remedy under Section 67 of the Uttar Pradesh Revenue Code, 2006, to approach the appropriate authority. Relying on the Division Bench judgment in Amaruddin Ansari v. State of U.P. (PIL No.655 of 2026) and the earlier coordinate bench decision in Kanhaiya Lal v. State of U.P. (2023), the court held that the existence of this alternative remedy bars the writ petition. Consequently, the petition was not entertained and was disposed of. The court directed that any application under Section 67 should be heard in accordance with law.
Issues considered
- Whether the PIL is maintainable when an alternative remedy under Section 67 of the Uttar Pradesh Revenue Code, 2006 is available.
- Whether a writ of mandamus is the appropriate remedy for removal of alleged illegal encroachments.
Legislation cited
- Uttar Pradesh Revenue Code, 2006 — s. 67
Subjects
- Public Interest Litigation
- Mandamus
- Illegal Encroachment
- Alternative Remedy
- Revenue Law
- Uttar Pradesh Revenue Code
- Writ Jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 1177 of 2026
Anand Kumar Mishra
.....Petitioner(s)
Versus
State Of U.P. And 13 Others
.....Respondent(s)
Counsel for Petitioner(s) : Girish Chandra, Girja Shanker Mishra,
Pratiksha Rai
Counsel for Respondent(s) : Azad Rai, C.S.C.
Court No. - 55
HON'BLE ARUN KUMAR, J.
1. Heard learned counsel for the petitioner and learned Standing Counsel
for the State respondents. Sri Rajan Chauhan, holding brief of Sri Azad
Rai, learned counsel for the respondent Gaon Sabha.
2. The present petition has been filed for the following relief(s):
"Issue a writ of mandamus directing the respondent no.2 & 3 to
remove the illegal encroachment from the Chak Marg No.1061,
1076, 1026 & Nali No.1222 recorded in revenue record of
Village Belvniya, Majara Maniyara, Police Station & Tehsil
Koraon, District Prayagraj.
(ii). Issue a writ of mandamus directing the respondent No.2 &
3 to take the necessary action against the respondent No.5 to
remove the illegal encroachment from the Chak Marg No.1061,
1076, 1026 & Nali No.1222 recorded in the revenue record of
Village Belvniya, Majara Maniyara, Police Station & Tehsil
Koraon, District Prayagraj"
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. 1177 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. Since the petitioner has an alternative remedy, I am 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.
6. Accordingly, the present petition is disposed of.
(Arun Kumar,J.)
May 6, 2026
Ashok Kr.
Digitally signed by :-
ASHOK KUMAR
High Court of Judicature at Allahabad
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