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Allahabad High Court

YADVEER SINGHversusSTATE OF U.P. AND 6 OTHERS

Decided

Holding

The petition is dismissed as the petitioner has an alternative remedy under Sections 26 and 67 of the Uttar Pradesh Revenue Code, 2006.

Summary

Yadveer Singh filed a public interest litigation seeking a court order directing the State of Uttar Pradesh and other respondents to remove illegal encroachments on plots 340 and 341 (recorded as Rasta and Pond) in Nagla Khagi village, Auraiya district. The respondents' standing counsel raised a preliminary objection that the petitioner has an alternative remedy under Sections 26 and 67 of the Uttar Pradesh Revenue Code, 2006, relying on earlier judgments of this Court. Citing Amaruddin Ansari v. State of U.P. (PIL No. 655 of 2026) and Kanhaiya Lal v. State of U.P. (2023 (12) ADJ 226), the Court held that the petition cannot be entertained when a specific statutory remedy is available. Consequently, the petition was disposed of, with liberty granted to the petitioner to file an application under the cited sections before the appropriate authority. Any such application, if filed, will be considered and decided in accordance with law.

Issues considered

  • Whether the petitioner must pursue the statutory remedy under Sections 26/67 of the Uttar Pradesh Revenue Code, 2006 instead of approaching the High Court for removal of illegal encroachments.

Legislation cited

Subjects

  • public interest litigation
  • illegal encroachment
  • Uttar Pradesh Revenue Code
  • alternative remedy
  • land records
  • civil procedure

Judgment

                                                     HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                   PUBLIC INTEREST LITIGATION (PIL) No. - 2140 of 2026

                                    Yadveer Singh
                                                                                                            .....Petitioner(s)
                                                                            Versus
                                    State Of U.P. And 6 Others
                                                                                                          .....Respondent(s)

                                    Counsel for Petitioner(s)                      :   Sunil Kumar
                                    Counsel for Respondent(s)                      :   C.S.C., Hari Narayan Singh

                                    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 Hari Narayan Singh has accepted notice on behalf of
                                    respondent no. 7.

                                    2. The present petition has been filed seeking a direction to the respondent authorities
                                    to ensure removal of illegal encroachments made by the encroachers over plot nos.340
                                    and 341 recorded as Rasta and Pond in the revenue records relating to Village Nagla
                                    Khagi, Tehsil Bidhuna, District Auraiya.

                                    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.)
                                    October 1, 2026
                                    Ranjeet Sahu




Digitally signed by :-
RANJEET SAHU
High Court of Judicature at Allahabad


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