Allahabad High Court

RAKESH SINGHversusSTATE OF U.P. AND 6 OTHERS

Decided: 22 April 2026
Bench: ARUN KUMAR

Holding

A PIL is not maintainable where a remedy under Section 67 of the Uttar Pradesh Revenue Code, 2006 is available.

Summary

The petitioner sought a writ directing the removal of illegal encroachments by respondents 6 and 7 on a 0.607‑hectare pond (Gata No.217) in Barahi Sahora village, Budaun. The Court noted earlier orders granting time to the standing counsel, which were not utilized. It relied on a Division Bench decision in Amaruddin Ansari v. State of U.P. (PIL No.655 of 2026) that a public‑interest litigation is not maintainable where the villagers have a specific remedy under Section 67 of the Uttar Pradesh Revenue Code, 2006. Consequently, the Court disposed of the petition, allowing the petitioner to approach the appropriate authority under the said statutory provision. Any application filed under Section 67 concerning Gata No.217 will be decided according to law.

Issues considered

Is a public‑interest litigation maintainable when a specific statutory remedy under Section 67 of the Uttar Pradesh Revenue Code, 2006 is available to the aggrieved villagers?
Can the High Court issue a writ directing removal of encroachment on a pond when the remedy lies under the revenue code?

Legislation cited

Uttar Pradesh Revenue Code, 2006 — s. 67

Subjects

public interest litigation
illegal encroachment
revenue code
Section 67
pond
jurisdiction
disposal

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                              PUBLIC INTEREST LITIGATION (PIL) No. - 3586 of 2025

                                    Rakesh Singh
                                                                                                 .....Petitioner(s)
                                                                       Versus

                                    State Of U.P. And 6 Others
                                                                                               .....Respondent(s)

                                    Counsel for Petitioner(s)              :    Mahendra Singh
                                    Counsel for Respondent(s)              :    C.S.C., Sher Bahadur Singh

                                    Court No. - 55
                                                          HON'BLE ARUN KUMAR, J.

                                    1. The present petition has been filed seeking a direction to the respondent
                                    no.4 to remove illegal encroachment made by respondent nos.6 and 7
                                    over Gata No.217 area 0.607 hectare, recorded as Pond in the relevant
                                    revenue records, relating to Village Barahi Sahora, Tehsil Dataganj,
                                    District Budaun.

                                    2. Pursuant to the orders of this Court dated 24.11.2025 and 10.2.2026,
                                    learned Standing Counsel was granted time to obtain instructions but the
                                    same could not be received. However, a Division Bench 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,
                                    has held that Public Interest Litigation Petitions are not maintainable in
                                    cases where remedy under Section 67 of the U.P. Revenue Code, 2006 are
                                    available to the villagers.

                                    3. In view of the aforesaid, this writ petition is disposed of with liberty to
                                    the petitioner to approach the appropriate authority by moving an
                                    application under Section 67 of Uttar Pradesh Revenue Code, 2006. If any
                                    such application is filed in respect of Gata No.217, it is expected that it
                                    will be decided, in accordance with law.



                                                                                               (Arun Kumar,J.)
                                    April 23, 2026
                                    Anil




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

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