Allahabad High Court
RAMAYAN YADAVversusSTATE OF U.P. AND 10 OTHERS
- Decided
- Bench
- ARUN KUMAR
Holding
The petition is dismissed because the petitioner has an alternative remedy under Sections 26/67 of the Uttar Pradesh Revenue Code, 2006.
Summary
The petitioner filed a public interest litigation seeking a court order to remove illegal encroachments on three revenue‑recorded plots in Village Parwa, Ghazipur. The respondents raised a preliminary objection that the petitioner has an alternative remedy under Sections 26 and 67 of the Uttar Pradesh Revenue Code, 2006, citing the recent judgment in Amaruddin Ansari v. State of U.P. and the earlier Kanhaiya Lal decision. The court examined whether it could entertain the petition despite the availability of that statutory remedy. Relying on the precedent that an alternative statutory remedy bars a court from intervening, the judge held the petition could not be entertained. Consequently, the petition was disposed without any order directing the removal of the encroachment.
Issues considered
- Whether a PIL seeking removal of illegal encroachment is maintainable when an alternative remedy under Sections 26/67 of the Uttar Pradesh Revenue Code, 2006, is available.
- Whether the precedent set by Amaruddin Ansari v. State of U.P. and Kanhaiya Lal v. State of U.P. precludes the court from entertaining the petition.
Legislation cited
- Uttar Pradesh Revenue Code, 2006 — s. 26, 67
Subjects
- Public Interest Litigation
- Illegal Encroachment
- Uttar Pradesh Revenue Code
- Alternative Remedy
- Jurisdiction
- Petition Disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 2271 of 2026
Ramayan Yadav
.....Petitioner(s)
Versus
State Of U.P. And 10 Others
.....Respondent(s)
Counsel for Petitioner(s) : Sanjoo Yadav, Shivajee Srivastava,
Shrikant Singh Yadav
Counsel for Respondent(s) : C.S.C.
Court No. - 51
HON'BLE ARUN KUMAR, J.
1. Heard learned counsel for the petitioner and learned Standing Counsel
for the State respondents.
2. The present petition has been filed seeking a direction to the respondent
authorities to remove the illegal encroachment made by the encroachers
over plot nos. 185, 187 and 339 recorded as Nali and Khalihan in the
revenue records relating to Village Parwa, Tehsil Jakhaniya, District
Ghazipur.
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. Since the petitioner has an alternative remedy, I am not inclined to
entertain the instant petition.
5. In case the petitioner moves an application under Section 26/67 of
Uttar Pradesh Revenue Code, 2006, before appropriate authority, the
same shall be decided after hearing all the concerned parties in
WPIL No. 2271 of 2026
2
accordance with law.
6. Accordingly, the present petition is disposed of.
(Arun Kumar,J.)
September 23, 2026
Ashok Kr.
Digitally signed by :-
ASHOK KUMAR
High Court of Judicature at Allahabad
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