Allahabad High Court

ASHOK KUMAR PATELversusSTATE OF U.P. AND 9 OTHERS

Decided: 30 September 2026
Bench: ARUN KUMAR

Holding

The court held that because an alternative remedy under Sections 26 and 67 of the Uttar Pradesh Revenue Code, 2006 is available, the writ petition cannot be entertained.

Summary

The petitioner filed a public interest litigation seeking a court order to remove an illegal encroachment of Nahar Ki Patri from land belonging to respondent No.10 in Jamunipur village, Prayagraj district. The respondents raised a preliminary objection that the petitioner has an alternative remedy under Sections 26 and 67 of the Uttar Pradesh Revenue Code, 2006. The court referred to its earlier decisions in Amaruddin Ansari v. State of U.P. (PIL No.655 of 2026) and Kanhaiya Lal v. State of U.P. (2023 (12) ADJ 226), which held that when an alternative statutory remedy exists, a writ petition should not be entertained. Accordingly, the court declined to hear the petition and directed the petitioner to approach the appropriate revenue authority. The writ petition was therefore disposed of.

Issues considered

Whether the writ petition can be entertained when an alternative remedy under Sections 26/67 of the Uttar Pradesh Revenue Code, 2006 is available.

Legislation cited

Uttar Pradesh Revenue Code, 2006 — s. 26, 67

Subjects

public interest litigation
illegal encroachment
alternative remedy
writ petition
Uttar Pradesh Revenue Code
Section 26
Section 67
jurisdiction
disposal

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 2360 of 2026

Ashok Kumar Patel
.....Petitioner(s)
Versus

State Of U.P. And 9 Others
.....Respondent(s)

Counsel for Petitioner(s) : Baleshwar Dayal, Surendra Kumar
Counsel for Respondent(s) : Azad Rai, C.S.C.

Court No. - 51
HON'BLE ARUN KUMAR, J.

1. Heard Arvind Kumar Yadav, holding brief of Sri Baleshwar
Dayal, learned counsel for the petitioner and learned Standing Counsel for
the respondents State. Sri Azad Rai, Advocate, has accepted notice on
behalf of Gaon Sabha.

2. The present petition has been filed seeking a direction to the respondent
authorities to remove the illegal encroachment of Nahar Ki Patri from the
respondent no.10, which is situated at Village Jamunipur, Block
Holagarh, Tehsil Soraon, 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 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. Since the petitioner has an alternative remedy, this Court is not inclined
to entertain the instant petition.

5. In case, the petitioner moves an application under Section 26/67 of
Uttar Pradesh Revenue Code, 2006, before appropriate authority, the
same shall be decided after hearing all the concerned parties, in
WPIL No. 2360 of 2026
2

accordance with law.

6. Accordingly, the writ petition is disposed of.

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

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

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