Allahabad High Court

RAMJEETversusSTATE OF U.P AND 3 OTHERS

Decided: 28 September 2026
Bench: ARUN KUMAR

Holding

The petition is dismissed as the petitioner must first move an application under Section 67 of the Uttar Pradesh Revenue Code, 2006.

Summary

Ramjeet filed a public interest litigation seeking a court order directing the removal of encroachments on several revenue‑recorded plots in Village Jaswal, Sant Kabir Nagar. The respondent’s standing counsel argued that the petitioner has an alternative statutory remedy under Section 67 of the Uttar Pradesh Revenue Code, 2006, and cited the recent judgment in Amaruddin Ansari v. State of U.P. and the earlier Kanhaiya Lal v. State of U.P. decisions. The court accepted this objection, holding that the petition must be pursued through the appropriate administrative mechanism. Consequently, the petition was disposed of, with liberty granted to the petitioner to file an application under Section 67 of the Revenue Code. Any such application, if filed, will be considered thereafter in accordance with law.

Issues considered

Whether the petitioner must first approach the appropriate authority under Section 67 of the Uttar Pradesh Revenue Code, 2006, before seeking judicial intervention.
Whether the High Court can directly order the removal of encroachments without the petitioner invoking the statutory remedy.

Legislation cited

Uttar Pradesh Revenue Code, 2006 — s. 67

Subjects

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

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD

PUBLIC INTEREST LITIGATION (PIL) No. - 2321 of 2026

Ramjeet
.....Petitioner(s)
Versus
State Of U.P And 3 Others
.....Respondent(s)

Counsel for Petitioner(s) : Dharmendra Kumar Dwivedi, Swatantra
Kumar Rai
Counsel for Respondent(s) : C.S.C., Pankaj Kumar Gupta

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

1. Heard learned counsel for the petitioner, learned Standing Counsel for the
respondent nos. 1 to 3 and Sri Pankaj Kumar Gupta on behalf of respondent no. 4.

2. The present petition has been filed seeking a direction to the respondent no. 2 to
ensure removal of all encroachments made by the encroachers over plot nos.38 and 55
recorded as small pond; plot nos. 217 and 218 recorded as Banjar and plot no. 248
recorded as Bheeta in the revenue records relating to Village Jaswal, Tehsil
Mehdawal, District Sant Kabir Nagar.

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. 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 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 29, 2026
Ranjeet Sahu

Digitally signed by :-
RANJEET SAHU
High Court of Judicature at Allahabad

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