Allahabad High Court
RAMNARESH TRIPATHIversusSTATE OF U.P. AND 12 OTHERS
- Decided
- Bench
- ARUN KUMAR
Holding
The petition was dismissed because an alternative remedy under Sections 26/67 of the Uttar Pradesh Revenue Code, 2006 is available to the petitioner.
Summary
Ramnaresh Tripathi filed a PIL seeking a court order directing certain respondents to remove illegal encroachments on Plot No. 326, recorded as a nala in the revenue records of Gadola Bangar, Banda district. The respondents raised a preliminary objection that the petitioner has an alternative remedy under Sections 26 and 67 of the Uttar Pradesh Revenue Code, 2006, citing the Court's earlier decisions in Amaruddin Ansari v. State of U.P. and Kanhaiya Lal v. State of U.P. The Court agreed that the existence of an alternative statutory remedy bars the writ jurisdiction in this case. Consequently, the Court declined to entertain the petition and disposed of it, directing the petitioner to approach the appropriate revenue authority if it wishes to pursue the matter. The decision underscores the principle that a writ petition will not be entertained where a specific statutory remedy is available.
Issues considered
- Whether the High Court can entertain a PIL seeking removal of illegal encroachment when the petitioner has an alternative remedy under the Uttar Pradesh Revenue Code, 2006.
Legislation cited
- Uttar Pradesh Revenue Code, 2006 — s. 26, 67
Subjects
- public interest litigation
- illegal encroachment
- Uttar Pradesh Revenue Code
- alternative remedy
- writ petition
- land dispute
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 1268 of 2026
Ramnaresh Tripathi
.....Petitioner(s)
Versus
State Of U.P. And 12 Others
.....Respondent(s)
Counsel for Petitioner(s) : Anant Prakash Swarnkar, Ram Raksha
Tiwari
Counsel for Respondent(s) : Achal Singh, C.S.C.
Court No. - 55
HON'BLE ARUN KUMAR, J.
1. Heard learned counsel for the petitioner and learned Standing Counsel
for the respondents State. Sri Achal Singh, Advocate, has accepted notice
on behalf of Gaon Sabha.
2. The present petition has been filed seeking a direction to the respondent
nos.2 to 5 to remove the illegal encroachment of respondent nos.6 to 13
made over Plot No.326 area 0.1130 hectare, recorded as Nala in the
revenue records, relating to Village Gadola Bangar, Tehsil Pailani,
District Banda.
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
Uttar Pradesh Revenue Code, 2006, before appropriate authority, the
WPIL No. 1268 of 2026
2
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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