CHANGGU v. STATE OF U.P. THRU. ADDL. CHIEF SECY. REVENUE, LKO. AND OTHERS
A227/6590/2025 · 2025-11-13
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 185464 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 185464 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 6590 of 2025 Court No. - 5 HON'BLE ALOK MATHUR, J.
1. Heard Sri Samar Bahadur Yadav, learned counsel for the petitioner as well as learned Standing Counsel for the respondents. 2. By means of present writ petition the petitioner has made following prayer :-
"I. To issue a order or direction to the opposite party no. 3 to decide and dispose of the application dated 15.06.2024, which is contained as Annexure No. 1 to this petition, as early as possible in the interest of justice. II. To issue any other suitable order or direction in favour of the petitione which this Hon'ble Court may deem fit and proper under the circumstances of the case and in the interest of justice. III. Allow the present petition with cost upon the opposite parties."
3. It is noticed that an application has been given by the petitioner on
"Sampoorna Samadhan Diwas" alleging that certain private persons are encroaching upon the Gaon Sabha land being Plot No. 1326, area 0.017 hectares, situated in Village - Khirahan, Pargana - Pachim Rath, Tehsil - Milkipur, District - Ayodhya and prayer was made for eviction of the alleged illegal encroachers from the Gaon Sabha Land. 4. Learned Standing Counsel has opposed the writ petition by stating that Versus Counsel for Petitioner(s) : Samar Bahadur Yadav Counsel for Respondent(s) : C.S.C. Changgu .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Revenue, Lko. And Others .....Respondent(s)
the petitioner has statutory remedy under Section 26 of the U.P. Revenue Code, 2006, apart from which the persons against whom allegations have been made, have not been made party and even otherwise, relief sought is for removal of illegal encroachment made by the private individuals and in the aforesaid circumstances, present writ petition under Article 227 of the Constitution of India is not maintainable. 5. At this stage, learned counsel for the petitioner submits that petitioner may be permitted to withdraw the present writ petition and liberty may be granted to avail statutory remedy under Section 26 of the U.P. Revenue Code, 2006. 6. In the light of above, present writ petition is dismissed as withdrawn, with liberty to the petitioner to avail statutory remedy under Section 26 of the U.P. Revenue Code, 2006, for redressal of his grievance. .
November 13, 2025 A. Verma A227 No. 6590 of 2025 2 (Alok Mathur,J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench