Allahabad High Court

HARINATH CHAUHANversusSTATE OF U.P. AND 5 OTHERS

Decided: 22 September 2026
Bench: ARUN KUMAR

Holding

Because an alternative remedy under Section 67 of the Uttar Pradesh Revenue Code, 2006 is available, the petition cannot be entertained and is disposed.

Summary

The petitioner filed a public interest litigation seeking a court order to remove illegal encroachment on plot no. 266 (Naveen Parti) in Village Dalpatpur, Azamgarh. The respondents raised a preliminary objection that the petitioner has an alternative statutory remedy under Section 67 of the Uttar Pradesh Revenue Code, 2006, citing the Court's earlier decisions in Amaruddin Ansari (PIL No.655 of 2026) and Kanhaiya Lal (2023 ADJ 226). The Court held that when an alternative remedy exists, it is not inclined to entertain the PIL. Consequently, the petition was disposed without hearing on the merits. The Court directed that any application under Section 67 should be decided by the appropriate authority after hearing all parties.

Issues considered

Whether the petitioner has an alternative remedy under Section 67 of the Uttar Pradesh Revenue Code, 2006, rendering the PIL inadmissible.
Whether the High Court can entertain a PIL seeking removal of illegal encroachment when a specific statutory remedy is available.

Legislation cited

Uttar Pradesh Revenue Code, 2006 — s. 67

Subjects

public interest litigation
illegal encroachment
alternative remedy
Uttar Pradesh Revenue Code
Section 67
jurisdiction
petition disposal

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 2290 of 2026

Harinath Chauhan
.....Petitioner(s)
Versus

State Of U.P. And 5 Others
.....Respondent(s)

Counsel for Petitioner(s) : Gokaran Singh, Ram Lakhan
Counsel for Respondent(s) : C.S.C., Rameshwar Prasad Shukla

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

1. Heard learned counsel for the petitioner, learned Standing Counsel for
the State respondents and Sri Prem Bahadur Singh, holding brief of Sri R.
P. Shukla, learned counsel for the 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. 266 recorded as Naveen Parti in the revenue records relating
to Village Dalpatpur, Tehsil Sagadi, District Azamgarh.

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. 2290 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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