Allahabad High Court
SHIVBABUversusSTATE OF U.P. AND 5 OTHERS
- Decided
- 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
Shivbabu filed a PIL seeking a writ of mandamus directing the State of Uttar Pradesh and other respondents to act against private parties for removing an alleged illegal encroachment on land recorded as public utility land in Prayagraj district. The petition argued that the encroachment violated revenue records. The State's standing counsel raised a preliminary objection that the petitioner has an alternative remedy under Section 67 of the Uttar Pradesh Revenue Code, 2006, citing the Court’s recent decision in Amaruddin Ansari v. State of U.P. and the earlier Kanhaiya Lal v. State of U.P. The High Court held that because an alternative statutory remedy is available, the writ petition is not maintainable. Consequently, the Court dismissed the petition and directed the petitioner to pursue relief under Section 67 before the appropriate authority. The writ petition was therefore disposed of.
Issues considered
- Whether the petitioner has a maintainable remedy before this Court despite the existence of an alternative remedy under Section 67 of the Uttar Pradesh Revenue Code, 2006.
Legislation cited
- Uttar Pradesh Revenue Code, 2006 — s. 67
Subjects
- Public Interest Litigation
- Mandamus
- Alternative Remedy
- Land Encroachment
- Revenue Law
- Uttar Pradesh
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 1202 of 2026
Shivbabu
.....Petitioner(s)
Versus
State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Vijay Kumar Rai
Counsel for Respondent(s) : Azad Rai, C.S.C.
Court No. - 55
HON'BLE ARUN KUMAR, J.
1. Heard Sri Vijay Kumar Rai, learned counsel for the petitioner, learned
Standing Counsel for the respondents State and Sri Rajan Chauhan,
holding brief of Sri Azad Rai for the Gaon Sabha.
2. The present petition has been filed seeking following relief:-
"1. Issue a writ, order or direction in the nature of mandamus directing the
respondent Nos. 1 to 4 to take action against private respondents for removal of his
illegal encroachment over the Kasra No.1023, Khata No. 00592, area 0.0820 hectare
situated in Village-Dahiyawa (Mirzapur Chauhari), Tahsil-Soraon, District-
Prayagraj, which is recorded as Navin Parti (Public Utility Land) in revenue record."
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. 1202 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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