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2026 DAILYLAW 2214 (ALL)

VIKASH KUMAR PAL v. STATE OF U.P. AND 7 OTHERS

WPIL/1171/2026 · 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. - 1171 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 3. Sri Bhupendra Kumar Tripathi has accepted notice on behalf of respondent no. 4 and Sri Shyam Dhar Gupta has appeared for the 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. 2 and 3 to remove the encroachment and illegal construction made by respondent no. 6, 7 and 8 over the Gata No. 645 area about 0.0160 hectare situated at Village - Dhaurahara, Tehsil Machhalishahar, District Jaunpur recorded as 'Naali Nalkup' in the revenue record within stipulated time." 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. Versus Counsel for Petitioner(s) : Vinod Rajmurti Yadav, Vinod Shankar Tripathi Counsel for Respondent(s) : Bhupendra Kumar Tripathi, C.S.C., Ravindra Kumar Mishra, Shyam Dhar Gupta Vikash Kumar Pal .....Petitioner(s) State Of U.P. And 7 Others .....Respondent(s) 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 26/67 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. 1171 of 2026 2 (Arun Kumar,J.) Digitally signed by :- RANJEET SAHU High Court of Judicature at Allahabad