Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 4052 of 2025 Court No. - 55 HON'BLE ARUN KUMAR, J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for the respondents State. Sri Sher Bahadur Singh, Advocate has accepted notice on behalf of respondent - Gaon Sabha.
2. The present petition has been filed seeking a direction to the respondent no.2 to remove the illegal encroachment made by respondent nos.5 to 8 over Plot No.75 area 0.0310 hectare, recorded as Goole (Naali) in the relevant revenue records, relating to Village Dhilvari, Tehsil Dataganj, District Budaun.
3. By the previous order of this Court, instructions were called in the matter from the learned Standing Counsel, but the same could not be received.
4. Considering the nature of relief claimed in the present petition, it is evident that the petitioner has a remedy for redressal of his grievance under Section 67 of the Uttar Pradesh Revenue Code, 2006. The Division Bench 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, has held that the authorities under the Revenue Code have inherent jurisdiction to prevent the misuse of public property and a public interest litigation petition before this Court under Article 226 of the Constitution of India is meritless and an abuse of process of law.
5. In view of the aforesaid, the present writ petition is disposed of with Versus Counsel for Petitioner(s) : Ajeet Kumar Srivastava, Chandra Prakash Garg Counsel for Respondent(s) : C.S.C., Sher Bahadur Singh Pradeep Kumar Shamra .....Petitioner(s) State Of U.P And 8 Others .....Respondent(s)
liberty to the petitioner to move an application under Section 67 of the Uttar Pradesh Revenue Code, 2006, before appropriate authority. If any such application is filed by the petitioner, it shall be considered and decided, in accordance with law. May 7, 2026 Anil WPIL No. 4052 of 2025 2 (Arun Kumar,J.) Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad