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Allahabad High Court

RAJESH YADAVversusTHE STATE OF U.P. AND 6 OTHERS

Decided

Holding

The petition is consigned to the records, with the direction that the petitioner may seek relief under Section 67 of the Uttar Pradesh Revenue Code, 2006.

Summary

Petitioner Rajesh Yadav filed a writ petition challenging an alleged illegal encroachment on public land identified as Garha (Arazi No. 19, 0.2060 hectare). The respondents, the State of Uttar Pradesh and six others, contested the claim. The Court examined whether the writ jurisdiction was the appropriate forum for redress of the encroachment. It held that the appropriate remedy lies under Section 67 of the Uttar Pradesh Revenue Code, 2006. Consequently, the petition was consigned to the records and the petitioner was advised to approach the competent court under the said provision. No substantive relief was granted by the High Court.

Issues considered

  • Whether a writ petition under Article 226 is the appropriate remedy for an alleged illegal encroachment on public land
  • Whether the petitioner should pursue relief under Section 67 of the Uttar Pradesh Revenue Code, 2006

Legislation cited

Subjects

  • illegal encroachment
  • public land
  • writ petition
  • U.P. Revenue Code 2006
  • Section 67
  • Allahabad High Court
  • remedy

Judgment

                                                     HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                              WRIT - C No. - 35737 of 2026

                                    Rajesh Yadav
                                                                                                  .....Petitioner(s)
                                                                        Versus

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

                                    Counsel for Petitioner(s)        : Dinesh Kumar Prasad, Surendra Kumar
                                                                       Sharma, Yogendra Arya
                                    Counsel for Respondent(s)        : C.S.C., Nitya Nand Mishra

                                    Court No. - 1
                                                          HON'BLE AJIT KUMAR, J.
                                                          HON'BLE SIDDHARTH NANDAN, J.

                                    1. Heard learned counsel for the petitioner and Sri Nitya Nand Mishra,
                                    learned counsel for the respondent.

                                    2. Petitioner is aggrieved by the illegal encroachment upon the public land
                                    recorded as Garha (Arazi No. 19, area 0.2060 hectare).

                                    3. In our considered view, petitioner may approach the competent court
                                    under Section 67 of the U.P.Revenue Code 2006, if so advised.

                                    4. Subject to aforesaid liberty, this petition is consigned to records.



                                                                       (Siddharth Nandan,J.) (Ajit Kumar,J.)
                                    September 16, 2026
                                    A.K.Srivastava




Digitally signed by :-
ARUN KUMAR SRIVASTAVA
High Court of Judicature at Allahabad


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