Allahabad High Court
OM PRAKASHversusSTATE OF U.P. AND 7 OTHERS
- Decided
- Bench
- ARUN KUMAR
Holding
The petition is dismissed as maintainable because an alternative statutory remedy under the Uttar Pradesh Revenue Code, 2006 is available.
Summary
Om Prakash filed a public interest litigation seeking a writ of mandamus directing the State of Uttar Pradesh and other respondents to remove illegal encroachments on specific village lands. The petitioners argued that the encroachments violated land records and demanded immediate court intervention. The respondents, through the Standing Counsel, raised a preliminary objection that the petitioners have an alternative remedy under Sections 26 and 67 of the Uttar Pradesh Revenue Code, 2006. Citing the recent judgment in Amaruddin Ansari v. State of U.P. and the earlier Kanhaiya Lal v. State of U.P., the court held that when an alternative statutory remedy exists, a writ petition is not maintainable. Consequently, the court declined to entertain the writ and disposed of the petition, directing the petitioner to approach the appropriate revenue authority. The decision underscores the principle that courts will not supplant specialized statutory processes when they are available.
Issues considered
- Whether the writ petition is maintainable when an alternative remedy under Sections 26/67 of the Uttar Pradesh Revenue Code, 2006 is available.
- Whether the court can issue a mandamus directing removal of illegal land encroachments in the absence of exhaustion of the statutory remedy.
Legislation cited
- Uttar Pradesh Revenue Code, 2006 — s. 26, 67
Subjects
- public interest litigation
- mandamus
- land encroachment
- alternative remedy
- Uttar Pradesh Revenue Code
- writ jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 2304 of 2026
Om Prakash
.....Petitioner(s)
Versus
State Of U.P. And 7 Others
.....Respondent(s)
Counsel for Petitioner(s) : Daraksha Mariyam, Pavan Kumar
Kushwaha
Counsel for Respondent(s) : C.S.C., Sher Bahadur Singh
Court No. - 51
HON'BLE ARUN KUMAR, J.
1. Heard Ms. Daraksha Mariyam, learned counsel for the petitioner and
learned Standing Counsel for the respondents State. Sri Sher Bahadur
Singh, Advocate, has accepted notice on behalf of Gaon Sabha.
2. The present petition has been filed seeking following relief:-
"I. Issue a writ, order or direction in the nature of mandamus commanding and
directing the respondent no. 2, 3 and 4 to remove the illegal encroachment of Land
Gata No. 54 (Navin Parti), 338 (Nali) and 342 (Khalihan) which come under category
no. 6 Village Lakha Block Shergarh, Tehsil Meerganj, District Bareilly from the
Encroacher i.e., respondent no. 6 to 8."
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. Since the petitioner has an alternative remedy, this Court is not inclined
to entertain the instant petition.
WPIL No. 2304 of 2026
2
5. In case, the petitioner moves an application under Section 26/67 of
Uttar Pradesh Revenue Code, 2006, before appropriate authority, the
same shall be decided after hearing all the concerned parties, in
accordance with law.
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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