Allahabad High Court
SWAMI CHARANversusSTATE OF U.P. AND 5 OTHERS
- Decided
- Bench
- ARUN KUMAR
Holding
The petition must be pursued through an application under Sections 26/67 of the Uttar Pradesh Revenue Code, 2006; the PIL is dismissed.
Summary
Swami Charan filed a PIL seeking a court order directing the removal of an illegal encroachment on plot No.94 (Chakmarg) in Village Ghilauva, Jalaun. The respondents argued 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 appropriate remedy lies with the revenue authorities and not the High Court. Consequently, the petition was disposed of, with liberty granted to the petitioner to file an application under the cited sections. Any such application, if filed, will be considered thereafter in accordance with law.
Issues considered
- Whether the High Court can directly order removal of illegal encroachment on the land in question.
- Whether the petitioner must first approach the revenue authorities under Sections 26/67 of the Uttar Pradesh Revenue Code, 2006.
- Whether the petition is maintainable in view of the precedent set by Amaruddin Ansari v. State of U.P. and Kanhaiya Lal v. State of U.P.
Legislation cited
- Uttar Pradesh Revenue Code, 2006 — s. 26, 67
Subjects
- Public Interest Litigation
- Illegal Encroachment
- Revenue Code
- Alternative Remedy
- Land Dispute
- Jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 2052 of 2026
Swami Charan
.....Petitioner(s)
Versus
State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Preetam Kumar Bharti
Counsel for Respondent(s) : C.S.C., Deepak Gaur
Court No. - 51
HON'BLE ARUN KUMAR, J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for the
respondent nos. 1 to 4. Sri Deepak Gaur has accepted notice on behalf of respondent
no. 5.
2. The present petition has been filed seeking a direction to the respondent authorities
to ensure removal of illegal encroachment made by the respondent no. 6 over plot
no.94 recorded as Chakmarg in the revenue records relating to Village Ghilauva,
Tehsil Madhogarh, District Jalaun.
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. In view of the aforesaid, the present petition is disposed of with liberty to the
petitioner to move an appropriate application before the appropriate authority, under
Section 26/67 of the U.P. Revenue Code, 2006. If any such application is filed by the
petitioner, the same shall be considered and decided, in accordance with law.
(Arun Kumar,J.)
September 24, 2026
Ranjeet Sahu
Digitally signed by :-
RANJEET SAHU
High Court of Judicature at Allahabad
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