Allahabad High Court
GIRJASHANKAR PAL @ GIRAJA AND ANOTHERversusSTATE OF U.P. AND 5 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The petition is dismissed because the petitioners have an alternative remedy under Section 26 of the Uttar Pradesh Revenue Code, 2006.
Summary
Petitioners Girjashankar Pal and another filed a writ petition seeking quashing of a revenue inspector's report and mandamus orders to prevent blockage of a historic pathway and to compel a decision on an application. The court noted a preliminary objection that the petitioners have an alternative remedy under Section 26 of the Uttar Pradesh Revenue Code, 2006, citing the precedent of Jahar Singh v. State of U.P. The judge held that because an alternative statutory remedy exists, the writ petition cannot be entertained. Consequently, the petition was dismissed without addressing the merits of the relief sought. The matter was ordered to be disposed of.
Issues considered
- Whether the petitioners have an alternative remedy under Section 26 of the Uttar Pradesh Revenue Code, 2006, precluding the writ petition
- Whether the High Court can entertain a writ petition when a specific statutory remedy is available
Legislation cited
- Uttar Pradesh Revenue Code, 2006 — s. 26
Subjects
- writ jurisdiction
- alternative remedy
- Section 26
- Uttar Pradesh Revenue Code
- certiorari
- mandamus
- preliminary objection
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 18647 of 2026
Girjashankar Pal @ Giraja And Another
.....Petitioner(s)
Versus
State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Meghraj Pandey, Nitin Pal, Shivam
Kumar Pal
Counsel for Respondent(s) : C.S.C., Pradeep Singh
Court No. - 36
HON'BLE MANISH KUMAR NIGAM, J.
1. Heard learned counsel for the petitioners, learned counsel for the
respondent and learned Standing Counsel and perused the record.
2. The present petition has been filed with the following prayer:
A. Issue a writ, order or direction in the nature of certiorari
quashing the report dated 22.11.2025 submitted by concerned
Revenue Inspector, Tehsil Aurai, district Bhadohi.
B. Issue a writ, order or diretion in the nature of mandamus
directing the respondent authorities to restrain respondents Nos
05 & 06 to block or using the pathway in any manner which is
used as a pathway from the several decades by the petitioners
and recorded in the revenue Record as " Nai Parti" in Arazi No.
37 area 0.0880 hect, situated Mauja-Kharagpur, Tehsil Aurai,
district Bhadohi, forthwith.
C. Issue a writ, order or direction in the nature of mandamus
directing the respondent No. 02 to decide the application dated
27.10.2025 within stipulated time.
3. Learned Standing Counsel has raised a preliminary objection that the
petitioners have an alternative remedy to approach appropriate authority by
moving an application under Section 26 of the Uttar Pradesh Revenue Code,
2006 in view of the judgment passed by this Court in Jahar Singh v. State
of U.P. reported in 2017(4) ADJ 619.
WRIC No. 18647 of 2026
2
4. Since the petitioners have an alternative remedy, I am not inclined to
entertain the instant petition.
5. In case, the petitioners move applications under Section 26 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. With the aforesaid observation, the petition is disposed of.
May 12, 2026
Sumaira
(Manish Kumar Nigam,J.)
Digitally signed by :-
SUMAIRA AQUIL
High Court of Judicature at Allahabad
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