Allahabad High Court

DHARMA DEVIversusTHE STATE OF U.P. AND 7 OTHERS

Decided: 28 September 2026
Bench: ARUN KUMAR

Holding

The petition is dismissed; the petitioner must pursue relief under Section 67 of the Uttar Pradesh Revenue Code, 2006.

Summary

Dharma Devi filed a public interest litigation seeking a court order directing the State of Uttar Pradesh to remove illegal encroachments on a plot of pasture land (Plot No.100Kha) in Village Ram Gadh Kothari, Allahabad district. 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 Court's recent decisions in Amaruddin Ansari v. State of U.P. and Kanhaiya Lal v. State of U.P. The Court accepted the preliminary objection, holding that the petition cannot be entertained when a specific statutory remedy is available. Consequently, the petition was disposed of, with liberty granted to the petitioner to file an application under Section 67 before the appropriate authority. Any such application, if filed, will be considered and decided according to law.

Issues considered

Whether the petitioner can seek a court direction for removal of illegal encroachments on pasture land, or must first approach the appropriate authority under Section 67 of the Uttar Pradesh Revenue Code, 2006.

Legislation cited

Uttar Pradesh Revenue Code, 2006 — s. 67

Subjects

public interest litigation
illegal encroachment
pasture land
Uttar Pradesh Revenue Code
Section 67
alternative remedy
jurisdiction
petition disposal

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD

PUBLIC INTEREST LITIGATION (PIL) No. - 2327 of 2026

Dharma Devi
.....Petitioner(s)
Versus
The State Of U.P. And 7 Others
.....Respondent(s)

Counsel for Petitioner(s) : Virendra Kumar
Counsel for Respondent(s) : Azad Rai, 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 Azad Rai has accepted notice 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 illegal encroachments made by the encroachers over plot
no.100Kha recorded as Pasture Land in the revenue records relating to Village Ram
Gadh Kothari, Tehsil Phoolpur, District Allahabad.

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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