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2026 DAILYLAW 13405 (ALL)

VIKASH KUMAR PANDEY v. STATE OF U.P. AND 4 OTHERS

WPIL/2390/2026 · 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. - 2390 of 2026 Court No. - 51 HON'BLE ARUN KUMAR, J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the respondents State. Sri Bhupendra Kumar Tripathi, Advocate, has accepted notice on behalf of Gaon Sabha. 2. The present petition has been filed seeking following relief:- "1. issue appropriate a writ, order or direction in the nature of mandamus commanding and directing the respondents to remove/encroach the illegal possession over the land bearing Khasra/Gata No. 12 which is recorded in the revenue record as "Banjar" situated at Village-Ramsinghpur, Tehsil-Raja Talab, District-Varanasi in the interest of public at large." 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 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 67 of Uttar Versus Counsel for Petitioner(s) : Virendra Kumar Yadav Counsel for Respondent(s) : Bhupendra Kumar Tripathi, C.S.C. Vikash Kumar Pandey .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) 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. October 7, 2026 Anil WPIL No. 2390 of 2026 2 (Arun Kumar,J.) Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad