Allahabad High Court
CHARAN SINGHversusSTATE OF UP AND 11 OTHERS
- Decided
- Bench
- ARUN KUMAR
Holding
The petition is dismissed because an alternative remedy under Section 67 of the Uttar Pradesh Revenue Code, 2006 is available to the petitioner.
Summary
Charan Singh filed a PIL seeking a mandamus directing the State to act against several respondents for illegal encroachment on a 0.2180 hectare plot in Ballia. The State's standing counsel objected, arguing that the petitioner has an alternative remedy under Section 67 of the Uttar Pradesh Revenue Code, 2006, citing the Court's recent decisions in Amaruddin Ansari v. State of U.P. and Kanhaiya Lal v. State of U.P. The Court agreed that because an alternative statutory remedy is available, it would not entertain the writ petition. It directed the petitioner to pursue the remedy under Section 67 before the appropriate authority. Consequently, the writ petition was disposed of without further hearing.
Issues considered
- Whether a writ petition seeking mandamus 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
- Mandamus
- Alternative Remedy
- Land Encroachment
- Uttar Pradesh Revenue Code
- Section 67
- Writ Petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 2299 of 2026
Charan Singh
.....Petitioner(s)
Versus
State Of Up And 11 Others
.....Respondent(s)
Counsel for Petitioner(s) : Diwakar Singh
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 respondents State.
2. The present petition has been filed seeking following relief:-
"(I) A writ, order or direction in the nature of MANDAMUS commanding and
directing to the Respondent No.2 to take action against the Respondent Nos.5 to 11
and removed the illegal encroachment over the Gadha, Khata No. 00179 Gata No.
167 measuring Area 0.2180 Hectare situated at Village Shervan Kala Post
Karammar, Vikas Khand Gadwar, Tehsil and District Ballia."
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, this Court is 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. 2299 of 2026
2
be decided after hearing all the concerned parties, in accordance with law.
6. Accordingly, the writ petition is disposed of.
(Arun Kumar,J.)
September 24, 2026
Anil
Digitally signed by :-
ANIL KUMAR PATEL
High Court of Judicature at Allahabad
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