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2026 DAILYLAW 3549 (ALL)

SOHAN RAM v. STATE OF U.P. AND 5 OTHERS

WPIL/1157/2026 · 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. - 1157 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 Sri Rameshwar Prasad Shukla 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 commanding the respondents No.2 to 4 to take legal steps against the respondent no.6 for removal of the encroachment nuisance and obstruction over the public utility land regarding to Gata No.342 Area 0.0540 hectare recorded in revenue record as 'Navin Parti', which is situated in Village- Shepur Bujurg, Tehsil Sadar, Police Station- Jahanaganj, District- Azamgarh." 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. In view of the aforesaid, the present petition is disposed of with liberty to the petitioner to move an appropriate application before the appropriate Versus Counsel for Petitioner(s) : Manoj Kumar Singh Counsel for Respondent(s) : C.S.C., Rameshwar Prasad Shukla Sohan Ram .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s) 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. 1157 of 2026 2 (Arun Kumar,J.) Digitally signed by :- RANJEET SAHU High Court of Judicature at Allahabad