Allahabad High Court

JAUHARI DEVIversusSTATE OF U.P. AND 4 OTHERS

Decided: 22 September 2026
Bench: ARUN KUMAR

Holding

The petition is not maintainable because the petitioner has an alternative remedy under Section 67 of the Uttar Pradesh Revenue Code, 2006.

Summary

The petitioner filed a public interest litigation seeking a court order to remove illegal encroachment on plot no. 306, which is recorded as public utility land in Deoria district, Uttar Pradesh. The respondents argued that the petitioner has an alternative remedy under Section 67 of the Uttar Pradesh Revenue Code, 2006, citing the Division Bench judgment in Amaruddin Ansari v. State of U.P. and the earlier decision in Kanhaiya Lal v. State of U.P. The court agreed that the existence of an alternative statutory remedy precludes the maintenance of the petition. Consequently, the petition was not entertained and was disposed of. The court directed that any application under Section 67 should be decided by the appropriate authority after hearing all parties.

Issues considered

Whether a PIL seeking removal of illegal encroachment on public utility land is maintainable when an alternative remedy under Section 67 of the Uttar Pradesh Revenue Code, 2006, is available.

Legislation cited

Uttar Pradesh Revenue Code, 2006 — s. 67

Subjects

public interest litigation
illegal encroachment
public utility land
alternative remedy
Section 67
Uttar Pradesh Revenue Code

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 2274 of 2026

Jauhari Devi
.....Petitioner(s)
Versus

State Of U.P. And 4 Others
.....Respondent(s)

Counsel for Petitioner(s) : Manjesh Kumar Yadav, Vinay Yadav
Counsel for Respondent(s) : C.S.C., Sudhir Bharti

Court No. - 51
HON'BLE ARUN KUMAR, J.

1. Heard learned counsel for the petitioner and learned Standing Counsel
for the State respondents. Sri Sudhir Bharti, Advocate has accepted
notice on behalf of respondent Gaon Sabha.

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 no. 306 reserved as public utility land in the revenue records
relating to Village Karmel Banrahi, Tehsil Rundrapur, District Deoria.

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 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 67 of Uttar
Pradesh Revenue Code, 2006, before appropriate authority, the same shall
be decided after hearing all the concerned parties in accordance with law.
WPIL No. 2274 of 2026
2

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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