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2026 DAILYLAW 1852 (ALL)

MANOJ KUMAR SHUKLA v. STATE OF U.P. AND 4 OTHERS

WPIL/1163/2026 · 2026-05-04

Arun Kumar

Public Interest Litigationbody2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 1163 of 2026 Court No. - 55 HON'BLE ARUN KUMAR, J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the respondent nos. 1 to 4. Sri Achal Singh has accepted notice on behalf of respondent no. 5. 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 no. 3 and 4 to comply the order/direction dated 22.11.2025 passed by respondent no.2 and order/direction dated 12.11.2025 passed by respondent no. 3 in which the construction work restrain passed in application/complaint filed by the petitioner. (ii) Issue a writ, order or direction in the nature of mandamus direct the respondents to decide and pass order on the application/representations on dated 2.9.2025, 4.9.2025, 13.10.2025, 19.10.2025, through IGRS stating therein that the husband of Gram Pradhan illegally constructed the Barat Ghar over the reserve land gata no. 1230 (Khalihan) and gata no. 1242 (Navin Parti) in place of gata no. 1246 within stipulated period which may be fixed by this Hon'ble court." 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, Versus Counsel for Petitioner(s) : Rajesh Kumar Counsel for Respondent(s) : Achal Singh, C.S.C. Manoj Kumar Shukla .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) 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. 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. May 5, 2026 Ranjeet Sahu WPIL No. 1163 of 2026 2 (Arun Kumar,J.) Digitally signed by :- RANJEET SAHU High Court of Judicature at Allahabad