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2026 DAILYLAW 14860 (ALL)

DEEPAK TIWARI v. STATE OF U.P. AND 8 OTHERS

WPIL/2376/2026 · 2026-10-05

Arun Kumar

Public Interest Litigationbody2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 2376 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 Azad Rai, Advocate, has accepted notice on behalf of Gaon Sabha. 2. The present petition has been filed seeking a direction to the respondent nos.2 to 4 to remove the illegal encroachment from Plot No. 445, recorded as Chakmarg in the revenue records, relating to Village Amiliya Kalan, Tehsil Meja, District Prayagraj. 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 Versus Counsel for Petitioner(s) : Shalandera Tiwari, Vikas Kumar Upadhyay Counsel for Respondent(s) : Azad Rai, C.S.C. Deepak Tiwari .....Petitioner(s) State Of U.P. And 8 Others .....Respondent(s) accordance with law. 6. Accordingly, the writ petition is disposed of. October 6, 2026 Anil WPIL No. 2376 of 2026 2 (Arun Kumar,J.) Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad