Allahabad High Court
GYANESH KUMAR BINDversusSTATE OF U.P. AND 12 OTHERS
- Decided
- Bench
- ARUN KUMAR
Holding
The petition is dismissed because the petitioner has an alternative remedy under Section 67 of the Uttar Pradesh Revenue Code, 2006.
Summary
The petitioner, Gyanesh Kumar Bind, filed a public interest litigation seeking a writ of mandamus directing the State of Uttar Pradesh and other respondents to remove an alleged illegal encroachment on Plot No. 507, which is registered as a hospital. The petition alleged that respondents No. 6 to 13 were encroaching on the land. The respondents raised a preliminary objection that the petitioner has an alternative remedy under Section 67 of the Uttar Pradesh Revenue Code, 2006, citing earlier judgments of this Court. The Court held that because an alternative statutory remedy is available, it would not entertain the writ petition. Consequently, the petition was dismissed without further hearing. The Court directed that any application under Section 67 be decided by the appropriate authority after hearing all parties.
Issues considered
- Whether the High Court can entertain a writ petition when an alternative remedy under Section 67 of the Uttar Pradesh Revenue Code, 2006, is available to the petitioner.
Legislation cited
- Uttar Pradesh Revenue Code, 2006 — s. 67
Subjects
- Public Interest Litigation
- Mandamus
- Alternative Remedy
- Encroachment
- Land Dispute
- Revenue Code
- Writ Petition
- Jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 1193 of 2026
Gyanesh Kumar Bind
.....Petitioner(s)
Versus
State Of U.P. And 12 Others
.....Respondent(s)
Counsel for Petitioner(s) : Shrikant Chaturvedi
Counsel for Respondent(s) : Bhupendra Kumar Tripathi, C.S.C.
Court No. - 55
HON'BLE ARUN KUMAR, J.
1. Heard Sri Shrikant Chaturvedi, learned counsel for the petitioner and
learned Standing Counsel for the respondents State. Sri Bhupendra Kumar
Tripathi has accepted notice on behalf of Gaon Sabha.
2. The present petition has been filed seeking following relief:-
"I. Issue a writ, order or direction in the nature of mandamus commanding
and directing the respondent no. 2, 3 and 4 to remove the illegal
encroachment of Plot No. 507, area 0.6870 hectare which registered as
Hospital (Arogya Kendra & A.N.M. Centre) village Sirgitha, Post
Pahalwanpur, Sirgitha, Tehsil Saidpur, District Ghazipur from the
Encroacher i.e., respondent no. 6 to 13."
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.
WPIL No. 1193 of 2026
2
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 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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