Sohan Ram vs State of U.P. and 5 Others — Allahabad HC (2026) — LawSathi Research

Sohan Ram vs State of U.P. and 5 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the petitioner to move an appropriate application under Section 26/67 of the U.P. Revenue Code, 2006 before the appropriate authority; any such application to be considered and decided in accordance with law. No mandamus issued.

Issue for consideration

Whether the petition seeking mandamus for removal of encroachment over public utility land (Gata No. 342, Village Shepur Bujurg, District Azamgarh) should be entertained where the petitioner has an alternative remedy under Section 26/67 of the U.P. Revenue Code, 2006.

Court's answer

In view of the alternative remedy (as per the Division Bench ruling in Amaruddin Ansari upholding Kanhaiya Lal), the petition is disposed of with liberty to the petitioner to move an appropriate application before the appropriate authority under Section 26/67 of the U.P. Revenue Code, 2006.

Ratio / Principle

If the petitioner files an application under Section 26/67 of the U.P. Revenue Code, 2006, the same shall be considered and decided by the authority in accordance with law.

Detailed headnote1 paragraphs

Public Interest Litigation seeking a writ of mandamus commanding respondents No. 2 to 4 to take legal steps against respondent no. 6 for removal of encroachment, nuisance and obstruction over public utility land, Gata No. 342, Area 0.0540 hectare, recorded as 'Navin Parti', Village Shepur Bujurg, Tehsil Sadar, Police Station Jahanaganj, District Azamgarh. Learned Standing Counsel raised a preliminary objection that the petitioner has an alternative remedy of an application under Section 26/67 of the Uttar Pradesh Revenue Code, 2006, in view of the Division Bench judgment in Amaruddin Ansari Vs. State of U.P. and 5 others (PIL No. 655 of 2026, decided 18.03.2026), upholding Kanhaiya Lal Vs. State of U.P. and others, 2023 (12) ADJ 226. Held: petition disposed of with liberty to the petitioner to move an appropriate application before the appropriate authority under Section 26/67 of the U.P. Revenue Code, 2006; if filed, such application shall be considered and decided in accordance with law. (Arun Kumar, J.; May 5, 2026)

HIGH COURT OF JUDICATURE AT ALLAHABAD

PUBLIC INTEREST LITIGATION (PIL) No. - 1157 of 2026

Sohan Ram

.....Petitioner(s)

Versus

Counsel for Petitioner(s) State Of U.P. And 5 Others	: Manoj Kumar Singh .....Respondent
Counsel for Respondent(s)	: C.S.C., Rameshwar Prasad Shukla

.....Respondent(s)

Court No. - 55

HON'BLE ARUN KUMAR, J.

Heard learned counsel for the petitioner and learned Standing Counsel for the respondent nos. 1 to 4. Sri Sri Rameshwar Prasad Shukla has accepted notice on behalf of respondent no. 5.

The present petition has been filed for the following relief:

"(i) issue a writ, order or direction in the nature of Mandamus commanding the respondents No.2 to 4 to take legal steps against the respondent no.6 for removal of the encroachment nuisance and obstruction over the public utility land regarding to Gata No.342 Area 0.0540 hectare recorded in revenue record as 'Navin Parti', which is situated in Village- Shepur Bujurg, Tehsil Sadar, Police StationJahanaganj, District- Azamgarh."

Learned Standing Counsel has raised a preliminary objection that petitioner has an alternative remedy to approach appropriate authority by moving an application under Section 26/67 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 .

In view of the aforesaid, the present petition is disposed of with liberty to the petitioner to move an appropriate application before the appropriate

WPIL No. 1157 of 2026

2

authority, under Section 26/67 of the U.P. Revenue Code, 2006. If any such application is filed by the petitioner, the same shall be considered and decided, in accordance with law.

(Arun Kumar,J.)

May 5, 2026 Ranjeet Sahu

Digitally signed by :- RANJEET SAHU High Court of Judicature at Allahabad