Allahabad High Court
WAKILversusSTATE OF UTTAR PRADESH AND 5 OTHERS
- Decided
- Bench
- ARUN KUMAR
Holding
The petition is dismissed; the petitioner must pursue relief under Section 67 of the Uttar Pradesh Revenue Code, 2006.
Summary
The petitioner filed a public interest litigation seeking a court direction to remove encroachments on plot No.200, recorded as Banjar land in Sharifpur village, Prayagraj. 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. and Kanhaiya Lal v. State of U.P. 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, but the petitioner was given liberty to file an application under Section 67 before the appropriate authority. Any such application will be considered thereafter in accordance with law.
Issues considered
- Whether the petitioner can seek a court direction for removal of encroachments on Banjar 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
- encroachment
- Banjar land
- Uttar Pradesh Revenue Code
- Section 67
- alternative remedy
- jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 2339 of 2026
Wakil
.....Petitioner(s)
Versus
State Of Uttar Pradesh And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Parth Shukla, Satyam Mishra, Shailendra
Singh
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 4. Sri Azad Rai has accepted notice on behalf of respondent no. 5.
2. The present petition has been filed seeking a direction to the respondent authorities
to ensure removal of all encroachments made by the encroachers over plot no.200
recorded as Banjar in the revenue records relating to Village Sharifpur, Tehsil Handia,
District Prayagraj.
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 30, 2026
Ranjeet Sahu
Digitally signed by :-
RANJEET SAHU
High Court of Judicature at Allahabad
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