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2026 DAILYLAW 1332 (ALL)

AZEEZURRAHMAN v. STATE OF U.P. AND 8 OTHERS

WPIL/1210/2026 · 2026-05-06

Arun Kumar

Public Interest Litigationbody2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 1210 of 2026 Court No. - 55 HON'BLE ARUN KUMAR, J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the State respondents. Sri Prem Bahadur Singh, holding brief of R. P. Shukla, learned counsel for the respondent Gaon Sabha. 2. The present petition has been filed for the following relief(s): "(i). Issue a writ, order or direction in the nature of mandamus directing the respondent authority to remove the illegal encroachment over gata no. 234 which is recorded as Pokhari land, situated at Village-Hengaipur, Tehsil-Sagadi, District- Azamgarh. (ii). Issue a writ, order or direction in the nature of mandamus directing the respondent authority to protect the damage/misappropriation of the public utility land as gata no. 234 which is recorded as Pokhari, situated at Village- Hengaipur, Tehsil-Sagadi, District-Azamgarh." 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) : Jagadish Prasad Yadav Counsel for Respondent(s) : C.S.C., Rameshwar Prasad Shukla Azeezurrahman .....Petitioner(s) State Of U.P. And 8 Others .....Respondent(s) Kanhaiya Lal Vs. State of U.P. and others reported in 2023 (12) ADJ 226. 4. Since the petitioner has an alternative remedy, I am not inclined to entertain the instant petition. 5. In case the petitioner moves an application under Section 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 present petition is disposed of. May 7, 2026 Ashok Kr. WPIL No. 1210 of 2026 2 (Arun Kumar,J.) Digitally signed by :- ASHOK KUMAR High Court of Judicature at Allahabad