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2026 DAILYLAW 1991 (ALL)

SITARAM JAISWAL v. STATE OF U.P. AND 9 OTHERS

WPIL/44/2026 · 2026-05-06

Arun Kumar

Public Interest Litigationbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 44 of 2026 Court No. - 55 HON'BLE ARUN KUMAR, J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for the respondents State. Sri Azad Rai, Advocate has accepted notice on behalf of respondent - Gaon Sabha. 2. The present petition has been filed seeking a direction to the respondent Authorities to remove the illegal encroachment made by respondent nos.5 to 9 over Plot Nos.8 area 0.0740 hectare, 9 area 0.800 hectare, 20M area 0.4100 hectare, 22 area 0.3880 hectare and 95 area 0.3570 hectare, recorded as Usar in the relevant revenue records, relating to Village Molwa Kala, Tehsil Handia, District Prayagraj. 3. By the previous order of this Court, instructions were called in the matter from the learned Standing Counsel, but the same could not be received. 4. Considering the nature of relief claimed in the present petition, it is evident that the petitioner has a remedy for redressal of his grievance under Section 67 of the Uttar Pradesh Revenue Code, 2006. The Division Bench 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, has held that the authorities under the Revenue Code have inherent jurisdiction to prevent the misuse of public property and a public interest litigation petition before this Court under Article 226 of the Constitution of India is meritless and an abuse of process of law. Versus Counsel for Petitioner(s) : Anil Kumar Mishra Counsel for Respondent(s) : Azad Rai, C.S.C., Rakesh Kumar Yadav, Ram Brij Napit Sitaram Jaiswal .....Petitioner(s) State Of U.P. And 9 Others .....Respondent(s) 5. In view of the aforesaid, the present writ petition is disposed of with liberty to the petitioner to move an application under Section 67 of the Uttar Pradesh Revenue Code, 2006, before appropriate authority. If any such application is filed by the petitioner, it shall be considered and decided, in accordance with law. May 7, 2026 Anil WPIL No. 44 of 2026 2 (Arun Kumar,J.) Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad