Allahabad High Court
RAMALAKHversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- ARUN KUMAR
Holding
The petition is dismissed because the petitioner must first avail the alternative remedy under Section 67 of the Uttar Pradesh Revenue Code, 2006.
Summary
The petitioner, Ramalakh, filed a public interest litigation seeking a court order to remove illegal encroachments on plot no.351 (Naveen Parti) in Village Aura, Jaunpur. The respondents argued that the petitioner has an alternative remedy under Section 67 of the Uttar Pradesh Revenue Code, 2006, citing the Court's earlier decisions 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 accepted this 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 will be considered and decided in accordance with law.
Issues considered
- Whether the petitioner can seek a court direction for removal of illegal encroachments or must first pursue the remedy 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
- Uttar Pradesh Revenue Code
- Section 67
- alternative remedy
- land dispute
- court disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 2328 of 2026
Ramalakh
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Prem Chandra Patel
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 authorities
to ensure removal of illegal encroachments made by the encroachers over plot no.351
recorded as Naveen Parti in the revenue records relating to Village Aura, Tehsil
Madiyahun, District Jaunpur.
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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