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HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 2348 of 2026 Court No. - 51 HON'BLE ARUN KUMAR, J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for the respondent nos. 1 to 6 and Sri Sunil Kumar Singh for respondent no. 7 to 10. 2. The present petition has been filed for the following relief:-
"(I) Issue a writ, order or direction in the nature of mandamus directing the Respondent Authorities to remove the encroachment and unauthorized cultivation existing over the substantial portions of the land comprised in Khata No. 247 comprising 2 Gatas and Khata No. 272 comprising 38 Gatas of Village Jalalpur Jora, recorded under Category 5-3/क (Forest Land) and Category 6-1 (Ganga Nadi), respectively; Khata No. 118 comprising 1 Gata of Village Hatupura, Khata No. 261, comprising 8 Gatas of Village Kishorepur, Khata No. 217 comprising 3 Gatas of Village Mamipur, Khata No. 1 comprising 4 Gatas of Village Dupaidi Chaap, Khata No. 1 comprising 1 Gata of Village Makhdoompur, Khata No. 113 comprising 5 Gatas and Khata No. 123 comprising 47 Gatas of Village Mirzapur, recorded under Category 6-1 (River Ganga), Category 6-4 (Ret) and Category 5-1 (Naveen Parti), respectively, falling within Tehsil Mawana, District Meerut."
3. Learned Standing Counsel has raised a preliminary objection that petitioner has an alternative remedy to approach appropriate authority by moving an application under Section 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 Versus Counsel for Petitioner(s) : Ganga Bhushan Mishra Counsel for Respondent(s) : C.S.C., Sunil Kumar Singh Narendra Kumar .....Petitioner(s) State Of U.P. And 9 Others .....Respondent(s)
Kanhaiya Lal Vs. State of U.P. and others reported in 2023 (12) ADJ 226. 4. In view of the aforesaid, the present petition is disposed of with liberty to the petitioner to move an appropriate application before the appropriate authority, under Section 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.
September 30, 2026 Ranjeet Sahu WPIL No. 2348 of 2026 2 (Arun Kumar,J.) Digitally signed by :- RANJEET SAHU High Court of Judicature at Allahabad