Allahabad High Court
SUDHA TIWARIversusSTATE OF U.P. AND 5 OTHERS
- Decided
- Bench
- ARUN KUMAR
Holding
The petition is disposed, directing the petitioner to pursue relief under Sections 26/67 of the Uttar Pradesh Revenue Code, 2006.
Summary
Sudha Tiwari filed a PIL seeking a court order directing the State of U.P. (respondent no. 4) to remove illegal encroachments on two revenue plots in Jaunpur. The respondents argued that the petitioner has an alternative statutory remedy under Sections 26 and 67 of the Uttar Pradesh Revenue Code, 2006, and cited the recent judgments in Amaruddin Ansari v. State of U.P. and Kanhaiya Lal v. State of U.P. The High Court agreed that the appropriate remedy lies in filing an application under the revenue code rather than a writ petition. Consequently, the court disposed of the PIL, granting the petitioner liberty to approach the appropriate authority under the cited sections. Any subsequent application will be decided according to law.
Issues considered
- Whether a PIL seeking removal of illegal encroachments is maintainable when an alternative remedy exists under the Uttar Pradesh Revenue Code, 2006.
- Whether the court can directly direct the removal of encroachments without the petitioner first invoking the statutory procedure.
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. - 2330 of 2026
Sudha Tiwari
.....Petitioner(s)
Versus
State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Jay Prakash Gupta, Raj Kumar Singh
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 4. Sri Bhupendra Kumar Tripathi has accepted notice on behalf of
respondent no. 5.
2. The present petition has been filed seeking a direction to the respondent no. 4 to
ensure removal of illegal encroachments made by the encroachers over plot nos.829
and 875 recorded as Chakmarg and Nali, respectively, in the revenue records relating
to Village Lawyan, Tehsil Shahganj, 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 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 30, 2026
Ranjeet Sahu
Digitally signed by :-
RANJEET SAHU
High Court of Judicature at Allahabad
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