Allahabad High Court
SHASHANKversusSTATE OF U.P. AND 6 OTHERS
- Decided
Holding
The Court held that the petitioner must pursue the remedy under Section 67 of the U.P. Revenue Code and that no court interference is warranted.
Summary
Shashank filed a public interest litigation alleging that private individuals had encroached upon Gaon Sabha land in Uttar Pradesh. The petitioner sought the High Court's intervention to stop the encroachment. The Court examined whether it could entertain the petition or whether the petitioner had an alternative statutory remedy. It held that the petitioner has an efficacious remedy under Section 67 of the Uttar Pradesh Revenue Code to address the encroachment. Consequently, the Court found no ground for interference and dismissed the petition.
Issues considered
- Whether the petitioner is entitled to relief from the Court for encroachment of Gaon Sabha land by private individuals.
- Whether the appropriate remedy is an application under Section 67 of the Uttar Pradesh Revenue Code.
- Whether the Court should interfere in the matter despite the existence of a statutory remedy.
Legislation cited
- U.P. Revenue Code — s. 67
Subjects
- public interest litigation
- land encroachment
- Gaon Sabha
- U.P. Revenue Code
- Section 67
- jurisdiction
- remedy
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 2270 of 2026
Shashank
.....Petitioner(s)
Versus
State Of U.P. And 6 Others
.....Respondent(s)
Counsel for Petitioner(s) : Satyendra Narayan Singh, Tarun
Kumar Sharma
Counsel for Respondent(s) : Ashwini Kumar Srivastava, C.S.C.,
Manu Saxena, Tejasvi Misra
Court No. - 29
HON'BLE SIDDHARTHA VARMA, J.
HON'BLE KUNAL RA VI SINGH, J.
1. Heard learned counsel for the petitioner; learned Standing Counsel for
the State-respondents; Sri Tejasvi Mishra, learned counsel appearing for
respondent no.4; Sri Manu Saxena, learned counsel appearing for
respondent no.6 and Sri Ashwini Kumar Srivastava, learned counsel
appearing for respondent no.7.
2. If the petitioner is aggrieved by the encroachment made by the private
individuals over the Gaon Sabha land then the Court is of the definite
view that the petitioner has an efficacious remedy of filing an application
under section 67 of the U.P. Revenue Code. No interference is, therefore,
warranted in this case.
3. The petition is, accordingly, dismissed.
(Kunal Ravi Singh,J.) (Siddhartha Varma,J.)
September 23, 2026
GS
Digitally signed by :-
GAUTAM SONI
High Court of Judicature at Allahabad
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