Allahabad High Court
SUNIL DASversusSTATE OF U.P. AND 13 OTHERS
- Decided
- Bench
- ARUN KUMAR
Holding
Where an alternative remedy under Sections 26 and 67 of the Uttar Pradesh Revenue Code, 2006 is available, the High Court will not entertain a writ petition seeking mandamus for removal of the encroachment.
Summary
Sunil Das filed a public interest litigation seeking a writ of mandamus to direct the removal of an illegal encroachment on a public pathway (Arazi No. 487) in Deoria district. The respondents, the State of Uttar Pradesh and others, contended that the petitioner had an alternative remedy under Sections 26 and 67 of the Uttar Pradesh Revenue Code, 2006, citing earlier judgments. The court held that because such an alternative remedy exists, it would not entertain the writ petition. Consequently, the petition was dismissed and the matter was left for the petitioner to approach the appropriate revenue authority. The writ petition was therefore disposed of without any order directing removal of the encroachment.
Issues considered
- Whether the petitioner has an alternative remedy under Sections 26/67 of the Uttar Pradesh Revenue Code, 2006, which bars the High Court from entertaining the writ petition.
- Whether the High Court can issue a mandamus directing removal of an illegal encroachment on a public pathway in the presence of an alternative statutory remedy.
Legislation cited
- Uttar Pradesh Revenue Code, 2006 — s. 26, 67
Subjects
- public interest litigation
- illegal encroachment
- mandamus
- alternative remedy
- Uttar Pradesh Revenue Code
- writ petition
- disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 1265 of 2026
Sunil Das
.....Petitioner(s)
Versus
State Of U.P. And 13 Others
.....Respondent(s)
Counsel for Petitioner(s) : Kunwar Bikram Suryabansh,
Shivanand Mani Tripathi
Counsel for Respondent(s) : C.S.C., Sudhir Bharti
Court No. - 55
HON'BLE ARUN KUMAR, J.
1. Heard learned counsel for the petitioner and learned Standing Counsel
for the respondents State. Sri Sudhir Bharti, Advocate, 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 directing the respondent
authorities to remove the illegal encroachment over Arazi No. 487 area 0.0770
Hectare Chak Marg (public pathway), situated at Village Banki, Tappa- Dhatura
(Silhat), Tehsil- Deoria, District- Deoria."
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 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 petitioner has an alternative remedy, this Court is not inclined
to entertain the instant petition.
5. In case, the petitioner moves an application under Section 26/67 of
WPIL No. 1265 of 2026
2
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 18, 2026
Anil
Digitally signed by :-
ANIL KUMAR PATEL
High Court of Judicature at Allahabad
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