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Allahabad High Court

SMT BABITAversusSTATE OF U.P. AND 5 OTHERS

Decided

Holding

A PIL cannot be entertained for correction of revenue entries; such matters must be pursued under the Uttar Pradesh Revenue Code, 2006.

Summary

The petitioner, a corporator of Nagar Nigam Prayagraj, filed a public interest litigation seeking a court direction to correct a revenue record entry and to remove an encroachment on the land. The petitioner claimed to have repeatedly written to the respondents, the State of U.P. and five others, requesting the correction and removal. The High Court held that a PIL is not the appropriate vehicle for obtaining correction of revenue entries, which must be pursued under the Uttar Pradesh Revenue Code, 2006. Consequently, the Court found no basis to entertain the petition. The petition was therefore dismissed.

Issues considered

  • Can a public interest litigation be entertained for correction of revenue entries and removal of encroachment?
  • Is the petitioner entitled to relief in a PIL for a matter that is governed by specific revenue law provisions?
  • What is the appropriate statutory remedy for correcting revenue records in Uttar Pradesh?

Legislation cited

Subjects

  • public interest litigation
  • revenue records
  • correction of entries
  • encroachment
  • Uttar Pradesh Revenue Code, 2006
  • jurisdiction
  • dismissal

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                  PUBLIC INTEREST LITIGATION (PIL) No. - 2209 of 2026

                                    Smt Babita
                                                                                               .....Petitioner(s)
                                                                        Versus

                                    State of U.P. and 5 others
                                                                                             .....Respondent(s)

                                    Counsel for Petitioner(s)        : Abhay Singh Yadav
                                    Counsel for Respondent(s)        : C.S.C., Darshan Gupta, Vikas Rastogi,
                                                                       Vijay Bahadur Maurya

                                    Chief Justice's Court
                                                       HON'BLE ARUN BHANSALI, CHIEF JUSTICE
                                                       HON'BLE KSHITIJ SHAILENDRA, J.

                                    1. This petition purportedly in public interest has been filed by the
                                    petitioner, a Corporator of the Nagar Nigam Prayagraj seeking a direction
                                    to the respondents to get the entry corrected in the revenue records and
                                    then remove the encroachment of respondent no. 6.

                                    2. Indications have been made that the petitioner has been writing
                                    repeatedly to the respondents for getting the entry corrected and for
                                    removing the encroachment from the land in question.

                                    3. Filing of PIL for the purpose of seeking correction in the revenue
                                    entries and as a consequence, removal of encroachment, cannot be
                                    countenanced.

                                    4. The action for correction of entries has to be initiated under the
                                    provisions of U.P. Revenue Code, 2006.

                                    5. In that view of the matter, no case for entertaining the present PIL is
                                    made out, the petition is, therefore, dismissed.



                                                                   (Kshitij Shailendra,J.) (Arun Bhansali,CJ.)
                                    September 30, 2026
                                    Sandeep/Jyotsana




Digitally signed by :-
SANDEEP KUMAR
High Court of Judicature at Allahabad


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