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2026 DAILYLAW 2814 (ALL)

SANTOSH KUMAR GUPTA v. STATE OF U.P. AND 9 OTHERS

WPIL/1175/2026 · 2026-05-05

Arun Kumar

Public Interest Litigationbody2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 1175 of 2026 Court No. - 55 HON'BLE ARUN KUMAR, J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the respondents State. Sri Bhupendra Kumar Tripathi has accepted notice on behalf of Gaon Sabha. 2. The present petition has been filed seeking following relief:- "i. Issue a writ order or direction in the nature of mandamus and directing the respondents authorities to remove the the illegal encroachment over the Gata No. 1066, area 0.085H situated at village Mohammadpur Kandh, Pargana Haveli, Tehsil Sadar, District Jaunpur, recorded as Sector Marg in revenue record within short stipulated period as fixed by this Hon'ble court in the interest of justice." 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. Versus Counsel for Petitioner(s) : Ram Raj Prajapati, Rama Kant Gupta Counsel for Respondent(s) : Bhupendra Kumar Tripathi, C.S.C. Santosh Kumar Gupta .....Petitioner(s) State Of U.P. And 9 Others .....Respondent(s) 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 accordance with law. 6. Accordingly, the writ petition is disposed of. May 6, 2026 Anil WPIL No. 1175 of 2026 2 (Arun Kumar,J.) Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad