Allahabad High Court
AMARJEET AND 3 OTHERSversusSTATE OF U.P. AND 10 OTHERS
- Decided
- Bench
- ARUN KUMAR
Holding
The petition is dismissed because an alternative statutory remedy under Sections 26/67 of the Uttar Pradesh Revenue Code, 2006 is available to the petitioners.
Summary
Amarjeet and three others filed a public interest litigation seeking a writ of mandamus to restrain the dumping of polluted water by the State of Uttar Pradesh and other respondents into local water bodies at Dharampur Kasayar. The petitioners alleged that the dumping caused environmental harm and requested immediate relief. The respondents, through standing counsel, raised a preliminary objection that the petitioners have an alternative statutory remedy under Sections 26 and 67 of the Uttar Pradesh Revenue Code, 2006. The court relied on its earlier decisions in Amaruddin Ansari v. State of U.P. and Kanhaiya Lal v. State of U.P., which held that when an alternative remedy exists, a writ petition cannot be entertained. Consequently, the court dismissed the petition, directing the petitioners to pursue the remedy under the Revenue Code before the appropriate authority.
Issues considered
- Whether a writ of mandamus can be issued when the petitioners have an alternative remedy under the Uttar Pradesh Revenue Code, 2006.
Legislation cited
- Uttar Pradesh Revenue Code, 2006 — s. 26, 67
Subjects
- public interest litigation
- mandamus
- environmental pollution
- alternative remedy
- Uttar Pradesh Revenue Code
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 1195 of 2026
Amarjeet And 3 Others
.....Petitioner(s)
Versus
State Of U.P. And 10 Others
.....Respondent(s)
Counsel for Petitioner(s) : Shivam Shukla, Shri Prakash Mishra
Counsel for Respondent(s) : C.S.C., Rameshwar Prasad Shukla
Court No. - 55
HON'BLE ARUN KUMAR, J.
1. Heard learned counsel for the petitioners and learned Standing Counsel
for the respondents State. Sri Rameshwar Prasad Shukla 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 the
respondent Authorities to restrain the dumping dirty/polluted water of toilet for their
houses upon the Gata No.132 (Harigan Gaddha/Ghur) Khad of and Gata No.133
(Land Saurhan) by the respondent nos.5 to 10 and other more villagers, which is
situated at Village: Dharampur Kasayar, Tehsil: Madhuban, District: Mau, U.P.
expeditiously."
3. Learned Standing Counsel has raised a preliminary objection that
petitioners have 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.
4. Since the petitioners have an alternative remedy, this Court is not
inclined to entertain the instant petition.
WPIL No. 1195 of 2026
2
5. In case, the petitioners move an application under Section 26/67 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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