Allahabad High Court
ATUL KUMAR KUSHWAHAversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- ARUN KUMAR
Holding
The petition is dismissed because the petitioner has an alternative remedy under Section 67 of the Uttar Pradesh Revenue Code, 2006.
Summary
The petitioner, Atul Kumar Kushwaha, filed a PIL seeking a court direction to remove illegal encroachments on plots 384 and 3855, designated as public utility land, by invoking Section 67 of the Uttar Pradesh Revenue Code, 2006. The respondents, the State of Uttar Pradesh and four others, contended that the petitioner had an alternative statutory remedy under the same section. The Court, relying on its earlier decisions in Amaruddin Ansari v. State of U.P. (PIL No.655 of 2026) and Kanhaiya Lal v. State of U.P. (2023 (12) ADJ 226), held that when an alternative remedy exists, the High Court should not entertain the petition. Consequently, the petition was not entertained and was disposed of, with a direction that any application under Section 67 be filed before the appropriate authority. The decision underscores the principle that courts will not supplant statutory remedies where they are available.
Issues considered
- Whether the High Court can entertain a PIL seeking removal of encroachment when the petitioner has an alternative remedy under Section 67 of the Uttar Pradesh Revenue Code, 2006.
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
- Jurisdiction
- Petition dismissed
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 2279 of 2026
Atul Kumar Kushwaha
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Amit Pratap Singh, Sangeeta Gupta
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. 384 and 3855 reserved as public utility land in the revenue
records relating to Village Laxmipur Bujurg, Tehsil Tamkuhi, District
Kushingar, by initiating proceeding under Section 67 of the U.P. Revenue
Code, 2006.
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
WPIL No. 2279 of 2026
2
be decided after hearing all the concerned parties in 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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