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2026 DAILYLAW 13183 (ALL)

SHIV VIJAY SINGH v. STATE OF U.P. AND 6 OTHERS

WPIL/2386/2026 · 2026-10-06

Arun Kumar

Public Interest Litigationbody2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 2386 of 2026 Court No. - 51 HON'BLE ARUN KUMAR, J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for the respondents State and Sri Prem Bahadur Singh, holding brief of Sri Rameshwar Prasad Shukla, learned counsel for the Gaon Sabha. 2. The present petition has been filed seeking a direction to the respondent authorities to remove the illegal encroachment made by encroachers over Plot No.1497, recorded as Nali Nalkup in the revenue records, relating to Village Tajopur, District Mau. 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 26/67 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. 5. In case, the petitioner moves an application under Section 26/67 of Uttar Pradesh Revenue Code, 2006, before appropriate authority, the same shall be decided after hearing all the concerned parties, in accordance with law. Versus Counsel for Petitioner(s) : Gyanendra Prakash Srivastava Counsel for Respondent(s) : C.S.C., Rameshwar Prasad Shukla Shiv Vijay Singh .....Petitioner(s) State Of U.P. And 6 Others .....Respondent(s) 6. Accordingly, the writ petition is disposed of. October 7, 2026 Anil WPIL No. 2386 of 2026 2 (Arun Kumar,J.) Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad