Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 3713 of 2025 Court No. - 55 HON'BLE ARUN KUMAR, J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for the respondents State. B. K. Tripathi, Advocate has accepted notice on behalf of respondent - Gaon Sabha.
2. The present petition has been filed seeking a direction to the respondent authorities to ensure removal of all encroachments made by private respondent no.6 over plot nos.204 and 281 recorded as Chakmarg and Rasta in the revenue records relating to Village Samodhpur, Tehsil Shahganj, District Jaunpur.
3. By the order of this Court dated 02.12.2025, 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 of redressal of his grievance under Sections 26/67 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) : Amar Singh Yadav Counsel for Respondent(s) : Bhupendra Kumar Tripathi, C.S.C. Surendra Pratap .....Petitioner(s) State Of Up And 5 Others .....Respondent(s)
liberty to the petitioner to move an application under Section 67 of 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 Ashok Kr.
WPIL No. 3713 of 2025 2 (Arun Kumar,J.) Digitally signed by :- ASHOK KUMAR High Court of Judicature at Allahabad