Allahabad High Court
SURENDRA PRATAPversusSTATE OF UP AND 5 OTHERS
- Decided
- Bench
- ARUN KUMAR
Holding
A PIL under Article 226 for removal of encroachments is meritless; the remedy lies in filing an application under Section 67 of the Uttar Pradesh Revenue Code, 2006.
Summary
The petitioner filed a public interest litigation seeking an order directing the State and other respondents to remove private encroachments on two land plots in Samodhpur village, Jaunpur. The Court noted that the petitioner has a specific remedy under Sections 26 and 67 of the Uttar Pradesh Revenue Code, 2006, for such land disputes. Citing the Division Bench decision in Amaruddin Ansari v. State of U.P., the Court held that the revenue authorities possess inherent jurisdiction to prevent misuse of public property and that a PIL under Article 226 is an abuse of process. Consequently, the writ petition was dismissed, but the petitioner was permitted to file an application under Section 67 of the Revenue Code before the appropriate authority. Any such application will be decided according to law.
Issues considered
- What is the appropriate remedy for removal of encroachments on public land – a PIL under Article 226 or an application under the Uttar Pradesh Revenue Code?
- Does the Court have jurisdiction to entertain a PIL in this matter, or is it an abuse of process?
Legislation cited
- Uttar Pradesh Revenue Code, 2006 — s. 26, 67
Subjects
- Public Interest Litigation
- Encroachment
- Revenue Code
- Article 226
- Uttar Pradesh
- Land dispute
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 3713 of 2025
Surendra Pratap
.....Petitioner(s)
Versus
State Of Up And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Amar Singh Yadav
Counsel for Respondent(s) : Bhupendra Kumar Tripathi, C.S.C.
Court No. - 55
HON'BLE ARUN KUMAR, J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for
the respondents State. B. K. Tripathi, Advocate has accepted notice on
behalf of respondent - Gaon Sabha.
2. The present petition has been filed seeking a direction to the respondent
authorities to ensure removal of all encroachments made by private
respondent no.6 over plot nos.204 and 281 recorded as Chakmarg and
Rasta in the revenue records relating to Village Samodhpur, Tehsil
Shahganj, District Jaunpur.
3. By the order of this Court dated 02.12.2025, instructions were called in
the matter from the learned Standing Counsel, but the same could not be
received.
4. Considering the nature of relief claimed in the present petition, it is
evident that the petitioner has a remedy of redressal of his grievance
under Sections 26/67 of the Uttar Pradesh Revenue Code, 2006. The
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 the authorities under the
Revenue Code have inherent jurisdiction to prevent the misuse of public
property and a public interest litigation petition before this Court under
Article 226 of the Constitution of India is meritless and an abuse of
process of law.
5. In view of the aforesaid, the present writ petition is disposed of with
WPIL No. 3713 of 2025
2
liberty to the petitioner to move an application under Section 67 of Uttar
Pradesh Revenue Code, 2006, before appropriate authority. If any such
application is filed by the petitioner, it shall be considered and decided, in
accordance with law.
(Arun Kumar,J.)
May 7, 2026
Ashok Kr.
Digitally signed by :-
ASHOK KUMAR
High Court of Judicature at Allahabad
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