Allahabad High Court
SHIV NARESHversusSTATE OF U.P. AND 6 OTHERS
- Decided
- Bench
- ARUN KUMAR
Holding
The petition is dismissed because an alternative remedy under Section 67 of the Uttar Pradesh Revenue Code, 2006 is available.
Summary
The petitioner filed a public interest litigation seeking a writ of mandamus directing the respondent to remove unauthorized encroachments on public utility land in Tambeen village, Chitrakoot district. The court noted a preliminary objection that the petitioner could instead file an application under Section 67 of the Uttar Pradesh Revenue Code, 2006, as established by the Division Bench judgment in Amaruddin Ansari v. State of U.P. and the earlier coordinate bench decision in Kanhaiya Lal v. State of U.P. The court held that because an alternative statutory remedy exists, it would not entertain the writ petition. It directed the petitioner to pursue the remedy under Section 67 before the appropriate authority. Consequently, the writ petition was disposed of without further hearing.
Issues considered
- Whether the petitioner has an alternative remedy under Section 67 of the Uttar Pradesh Revenue Code, 2006 for removal of encroachments.
- Whether the High Court can entertain a writ petition when such an alternative remedy is available.
Legislation cited
- Uttar Pradesh Revenue Code, 2006 — s. 67
Subjects
- public interest litigation
- mandamus
- encroachment
- alternative remedy
- Section 67
- Uttar Pradesh Revenue Code
- writ petition
- land removal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 985 of 2026
Shiv Naresh
.....Petitioner(s)
Versus
State Of U.P. And 6 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ajay Kumar Pandey, Jaideep Tripathi
Counsel for Respondent(s) : Achal Singh, C.S.C.
Court No. - 55
HON'BLE ARUN KUMAR, J.
1. Heard learned counsel for the petitioner and learned Standing Counsel
for the respondent nos. 1 to 3. Sri Achal Singh has accepted notice on
behalf of respondent no.4.
2. The present petition has been filed seeking following relief:-
"1- Issue a writ, order or direction in the nature of mandamus directing
the respondent no. 3 to take proper initiative for removing unauthorized
encroachment of the respondent no. 5, 6 and 7 from the public utility land
recorded and shown as Khalihan (category 6-2) in gata no. 492 area
about 0.01050 and 498 area about 0.02810 of Khata no. 00282 hectare
situated at Village Tambeen, Pargana-Tambeen, Tehsil-Karvi, District-
Chitrakoot, within a stipulated time as fixed by this Hon'ble Court."
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. Since the petitioner has an alternative remedy, this Court is not inclined
to entertain the instant petition.
WPIL No. 985 of 2026
2
5. In case, the petitioner moves an application under Section 67 of Uttar
Pradesh Revenue Code, 2006, before appropriate authority, the same shall
be decided after hearing all the concerned parties, in accordance with law.
6. Accordingly, the writ petition is disposed of.
(Arun Kumar,J.)
April 20, 2026
Anil
Digitally signed by :-
ANIL KUMAR PATEL
High Court of Judicature at Allahabad
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