Allahabad High Court
AMIR AHMADversusSTATE OF UTTAR PRADESH AND 6 OTHERS
- Decided
- Bench
- ARUN KUMAR
Holding
The petition is not maintainable because an alternative remedy under the Uttar Pradesh Revenue Code, 2006 exists, and the writ petition is therefore disposed.
Summary
The petitioner filed a public interest litigation seeking a court direction to remove an illegal encroachment on Plot No.1033 in Village Kushaliya, Ghaziabad. The court noted a preliminary objection that the petitioner has an alternative remedy under Sections 26 and 67 of the Uttar Pradesh Revenue Code, 2006. Citing the decisions in Amaruddin Ansari v. State of U.P. and Kanhaiya Lal v. State of U.P., the bench held that the existence of an alternative remedy bars the writ petition. Consequently, the court declined to entertain the petition and ordered its disposal. The petitioner was directed to pursue the matter before the appropriate revenue authority under the cited sections.
Issues considered
- Whether the writ petition is maintainable when an alternative remedy under the Uttar Pradesh Revenue Code, 2006 is available.
- Whether the court can directly order removal of the illegal encroachment without the petitioner first invoking Sections 26/67.
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
- Uttar Pradesh
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 2023 of 2026
Amir Ahmad
.....Petitioner(s)
Versus
State Of Uttar Pradesh And 6 Others
.....Respondent(s)
Counsel for Petitioner(s) : Abhishek Gupta, Mehtaab Alam,
Satyam Sharma
Counsel for Respondent(s) : C.S.C., Sunil Kumar Singh
Court No. - 51
HON'BLE ARUN KUMAR, J.
(Ref:- Civil Misc. Impleadment Application No. 3 Of 2026)
1. This is an application to implead Gaon Sabha, Village Kushaliya, Badi
Masjid, Masuri, Post Hindan Nagar, District Ghaziabad as respondent
no.7 in the present petition.
2. Application is allowed.
3. Learned counsel for the petitioner is permitted to carry out necessary
incorporation in the writ petition, during the course of the day.
(Order on Writ Petition)
1. Heard Sri Abhishek Gupta and Sri Mehtaab Alam, learned counsel for
the petitioner, learned Standing Counsel for the respondent nos.1 to 4 and
Sri Rohit Yadav, holding brief of Sri Sunil Kumar Singh, learned counsel
for the newly impleaded respondent no.7.
2. The present petition has been filed seeking a direction to the respondent
no.3 to remove the illegal encroachment made by encroachers over Plot
No.1033, recorded as chakroad in the revenue records, relating to Village
Kushaliya, Block Rajapur, District Ghaziabad.
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
WPIL No. 2023 of 2026
2
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
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.)
September 23, 2026
Anil
Digitally signed by :-
ANIL KUMAR PATEL
High Court of Judicature at Allahabad
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