Allahabad High Court
UMESH CHANDRA TRIPATHIversusTHE STATE OF U.P. AND 5 OTHERS
- Decided
- Bench
- ARUN KUMAR
Holding
The petition is dismissed, and the petitioner is directed to approach the appropriate authority under Sections 26 and 67 of the Uttar Pradesh Revenue Code, 2006.
Summary
Umesh Chandra Tripathi filed a public interest litigation seeking a court direction to remove an encroachment by respondent No. 6 on plot No. 46 (Sector Road) in Village Tadwa Khurd, Gorakhpur. The petition alleged that respondent No. 4, a local authority, should be ordered to ensure the removal. The State’s standing counsel raised a preliminary objection that the petitioner has an alternative statutory remedy under Sections 26 and 67 of the Uttar Pradesh Revenue Code, 2006, relying on earlier judgments of this Court. Citing Amaruddin Ansari v. State of U.P. (PIL No.655 of 2026) and Kanhaiya Lal v. State of U.P. (2023 (12) ADJ 226), the Court held that the petition could not proceed in the High Court. Consequently, the petition was disposed, with liberty granted to the petitioner to file the appropriate application before the revenue authority under the cited sections. Any such application, if filed, will be considered thereafter in accordance with law.
Issues considered
- Whether the petitioner must first pursue the remedy provided under Sections 26/67 of the Uttar Pradesh Revenue Code, 2006 before approaching the High Court for removal of the encroachment.
Legislation cited
- Uttar Pradesh Revenue Code, 2006 — s. 26, 67
Subjects
- public interest litigation
- encroachment
- land revenue
- alternative remedy
- jurisdiction
- Uttar Pradesh Revenue Code
- Section 26
- Section 67
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 2300 of 2026
Umesh Chandra Tripathi
.....Petitioner(s)
Versus
The State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Adya Prasad Tewari
Counsel for Respondent(s) : C.S.C., Deo Anand, Sudhir Bharti, Virendra
Singh
Court No. - 51
HON'BLE ARUN KUMAR, J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for the
respondent nos. 1 to 4. Sri Sudhir Bharti has accepted notice on behalf of respondent
no. 5.
2. The present petition has been filed seeking a direction to the respondent no. 4 to
ensure removal of encroachment made by the respondent no. 6 over plot no.46
recorded as Sector Road in the revenue records relating to Village Tadwa Khurd,
Tehsil Sahjanwa, District Gorakhpur.
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. In view of the aforesaid, the present petition is disposed of with liberty to the
petitioner to move an appropriate application before the appropriate authority, under
Section 26/67 of the U.P. Revenue Code, 2006. If any such application is filed by the
petitioner, the same shall be considered and decided, in accordance with law.
(Arun Kumar,J.)
September 24, 2026
Ranjeet Sahu
Digitally signed by :-
RANJEET SAHU
High Court of Judicature at Allahabad
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