Allahabad High Court
SHIV SAHAY SINGHversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- ARUN KUMAR
Holding
The petition is dismissed as the petitioner has an alternative remedy under Sections 26 and 67 of the Uttar Pradesh Revenue Code, 2006.
Summary
Shiv Sahay Singh filed a PIL seeking a court direction to the State of Uttar Pradesh to remove illegal encroachments on plot No. 522 (Chakmarg) in Basantpatti, Varanasi. The respondent's standing counsel raised a preliminary objection that the petitioner has an alternative remedy under Sections 26 and 67 of the Uttar Pradesh Revenue Code, 2006, relying on the judgments in Amaruddin Ansari v. State of U.P. (PIL No. 655 of 2026) and Kanhaiya Lal v. State of U.P. (2023 ADJ 226). The court held that the petition could not be entertained when a specific statutory remedy is available. Consequently, the petition was disposed, with liberty granted to the petitioner to file an application under the cited sections before the appropriate authority. Any such application, if filed, will be considered according to law.
Issues considered
- Whether the petitioner must pursue the remedy under Sections 26/67 of the Uttar Pradesh Revenue Code, 2006 before approaching the court for removal of illegal encroachments.
Legislation cited
- Uttar Pradesh Revenue Code, 2006 — s. 26, 67
Subjects
- public interest litigation
- illegal encroachment
- Uttar Pradesh Revenue Code
- alternative remedy
- jurisdiction
- revenue law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 2326 of 2026
Shiv Sahay Singh
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Gulshan Kumar, Lakshmi Kant Pandey, Sarita
Devi
Counsel for Respondent(s) : Bhupendra Kumar Tripathi, C.S.C.
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 3. Sri Bhupendra Kumar Tripathi has accepted notice on behalf of
respondent no. 4.
2. The present petition has been filed seeking a direction to the respondent no.3 to
ensure removal of illegal encroachments made by the encroachers over plot no.522
recorded as Chakmarg in the revenue records relating to Village Basantpatti, Tehsil
Raja Talab, District Varanasi.
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 29, 2026
Ranjeet Sahu
Digitally signed by :-
RANJEET SAHU
High Court of Judicature at Allahabad
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