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2026 DAILYLAW 1104 (ALL)

ALHAM SIDDIQUI v. STATE OF U.P. AND 5 OTHERS

WPIL/1033/2026 · 2026-04-22

Arun Kumar

Public Interest Litigationbody2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 1033 of 2026 Court No. - 55 HON'BLE ARUN KUMAR, J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the respondent nos. 1 to 4. Sri Sudhir Bharti has accepted notice on behalf of respondent no.5. 2. The present petition has been filed seeking following relief:- "1. Issue a writ, order or direction in the nature of mandamus, commanding and directing the respondent no. 2 to 4 to take necessary legal action/steps against the respondent no. 6 for removing the illegal encroachment made upon the Gata No. 3141 area 0.5100 hectare situated in Village- Khotahi, Tola Rajpur, Tehsil Kaptanganj, District Kushi Nagar, which is recorded as Rasta in the revenue record forthwith." 3. Learned Standing Counsel has raised a preliminary objection that petitioner has an alternative remedy to approach appropriate authority by moving an application under Sections 26 and 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. 4. Since the petitioner has an alternative remedy, this Court is not inclined to entertain the instant petition. Versus Counsel for Petitioner(s) : Adiba Khatoon, Aditya Kumar Kashyap Counsel for Respondent(s) : C.S.C., Sudhir Bharti Alham Siddiqui .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s) 5. In case, the petitioner moves an application under Sections 26 and 67 of Uttar Pradesh Revenue Code, 2006, before appropriate authority, the same shall be decided after hearing all the concerned parties, in accordance with law. 6. Accordingly, the writ petition is disposed of. April 23, 2026 Anil WPIL No. 1033 of 2026 2 (Arun Kumar,J.) Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad