Allahabad High Court
AMBIKA PRASADversusSTATE OF U.P. AND 6 OTHERS
- Decided
- Bench
- ARUN KUMAR
Holding
The petition is dismissed as the petitioner has an alternative remedy under Section 67 of the Uttar Pradesh Revenue Code, 2006.
Summary
The petitioners filed a public‑interest litigation seeking a writ of mandamus directing the State respondents to remove encroachments on a pond situated on plot no. 198 in Kathuwa village, Prayagraj. The respondents raised a preliminary objection that the petitioners have 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 No. 655 of 2026) and Kanhaiya Lal v. State of U.P. (2023 (12) ADJ 226), which held that where a specific statutory remedy exists, a writ petition is not maintainable. Consequently, the Court declined to entertain the writ petition. The petition was disposed without any order on the merits, with a direction that the petitioner may pursue the remedy under Section 67 before the appropriate authority.
Issues considered
- Whether the petitioner has an alternative statutory remedy under Section 67 of the Uttar Pradesh Revenue Code, 2006, rendering the writ petition inadmissible
- Whether the High Court can issue a mandamus directing removal of encroachments on the pond
Legislation cited
- Uttar Pradesh Revenue Code, 2006 — s. 67
Subjects
- Public Interest Litigation
- Mandamus
- Encroachment
- Alternative Remedy
- Revenue Law
- Section 67
- Uttar Pradesh
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 1214 of 2026
Ambika Prasad
.....Petitioner(s)
Versus
State Of U.P. And 6 Others
.....Respondent(s)
Counsel for Petitioner(s) : Haseen Ahmad, Saurabh Basu
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 Azad Rai, Advocate has accepted notice on
behalf of respondent Gaon Sabha.
2. The present petition has been filed for the following relief(s):
"Issue a writ, order or direction in the nature of Mandamus
directing the respondent no.2 and 3 to remove the
encroachment made by some persons upon the pond at plot no.
198 having an area of 2.4880 in village Kathuwa, Tehsil
Karchana Block Karchana 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,
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
WPIL No. 1214 of 2026
2
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 7, 2026
Ashok Kr.
Digitally signed by :-
ASHOK KUMAR
High Court of Judicature at Allahabad
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