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Allahabad High Court

SHYAMLAL PALversusSTATE OF U.P. AND 7 OTHERS

Decided

Holding

The PIL is not maintainable because the petitioner has an alternative efficacious remedy under Sections 61, 61-A and 62‑B of the Indian Forest Act, 1927.

Summary

The petitioner filed a public interest litigation seeking a court order to remove illegal encroachments on Plot No.424, recorded as forest land in Jaunpur district. The respondents argued that the petition was not maintainable because the petitioner had not approached the appropriate forest authority under Sections 61, 61-A and 62-B of the Indian Forest Act, 1927. The court held that an alternative efficacious remedy exists under the said provisions, making the PIL inadmissible. Consequently, the petition was dismissed. The court directed the petitioner to approach the designated forest authority for relief.

Issues considered

  • Whether a public interest litigation seeking removal of encroachments on forest land is maintainable when the petitioner has not approached the forest authority under the Indian Forest Act, 1927.

Legislation cited

Subjects

  • public interest litigation
  • forest land
  • illegal encroachment
  • maintainability
  • alternative remedy
  • Indian Forest Act

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                          PUBLIC INTEREST LITIGATION (PIL) No. - 2352 of 2026

                                    Shyamlal Pal
                                                                                                   .....Petitioner(s)
                                                                        Versus
                                    State Of U.P. And 7 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)           :   Manoj 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 respondents State. Sri Bhupendra Kumar Tripathi has accepted notice on
                                    behalf of Gaon Sabha.

                                    2. The present writ petition has been filed seeking a direction to the
                                    respondent authorities to remove the illegal encroachment made by
                                    encroachers over Plot No.424 area 0.07050 hectare, recorded as forest land
                                    in the relevant revenue records, relating to Village Lurkhuri, Tehsil Kerakat,
                                    District Jaunpur.

                                    3. Learned Additional Chief Standing Counsel, at the outset, states that the
                                    present petition in the form of public interest litigation seeking direction
                                    from this Court to remove the encroachments over plot in question recorded
                                    as forest land is not maintainable, as the petitioner has not approached the
                                    appropriate authority under Sections 61, 61-A and 62-B of the Indian Forest
                                    Act, 1927.

                                    4. In view of the fact that the petitioner has an alternative efficacious remedy
                                    under the aforesaid provision of law, the present PIL is not maintainable.

                                    5. In the aforesaid circumstances, the present writ petition is disposed of
                                    with liberty to the petitioner to approach the appropriate authority under the
                                    provisions of the Indian Forest Act, 1927.

                                    October 1, 2026
                                    Anil
                                                                                                (Arun Kumar,J.)




Digitally signed by :-
ANIL KUMAR PATEL
High Court of Judicature at Allahabad


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