Allahabad High Court
YADVEER SINGHversusSTATE OF U.P. AND 6 OTHERS
- Decided
- Bench
- ARUN KUMAR
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
- Uttar Pradesh Revenue Code, 2006 — s. 26, 67
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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