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2026 DAILYLAW 565 (ALL)

VISHAL BAGLA v. STATE OF U.P. AND 12 OTHERS

WPIL/661/2026 · 2026-03-17

Kunal Ravi Singh, Mahesh Chandra Tripathi

Public Interest Litigationbody2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 661 of 2026 Court No. - 21 HON'BLE MAHESH CHANDRA TRIPATHI, J. HON'BLE KUNAL RAVI SINGH, J. 1. Heard learned counsel for the petitioner, Ms. Uttara Bahuguna, learned Additional Chief Standing Counsel for the State respondents, Sri Sudhir Bharti, learned counsel who has put his appearance on behalf of respondent no.5 and Sri Ashok Kumar Tiwari, learned counsel appearing on behalf of respondent no.4. 2. The present Public Interest Litigation has been filed with a prayer to direct the respondent to remove the illegal encroachment made by respondent nos. 6 to 13 over the public utility land i.e. Rasta being Arazi No.599 Ka in pursuance of the order dated 23.04.2025 passed under Section 26 of the U.P Revenue Code, 2006 (for short, 'the Code, 2006'). 3. Learned counsel representing Nagar Panchayat has placed on record the instructions that have been received by him. A perusal of the instruction shows that the adequate proceedings are being initiated at the Nagar Panchayat level to remove the necessary encroachment. It also transpires from the record that the petitioner had himself filed an application under Section 26 of the Code, 2006 which resulted in the order dated 23.04.2025. The petitioner himself had approached the competent court to seek the order, therefore, the present Public Interest Litigation on behalf of the petitioner has nothing but an abuse of process of the Court as it is clearly apparent that the petitioner is now espousing a private agenda and he does not represent any class of persons who are Versus Counsel for Petitioner(s) : Bhagwan Dutt Pandey Counsel for Respondent(s) : Ashok Kumar Tiwari, C.S.C., Sudhir Bharti Vishal Bagla .....Petitioner(s) State Of U.P. And 12 Others .....Respondent(s) unable to come to the Court on their own.The instant Public Interest Litigation is clearly barred by the rules of the Court and the enforcement of the order passed by the Tehsildar, Farenda, Maharajganj cannot be implemented by means of the present Public Interest Litigation. 4. Under the facts and circumstances, the present Public Interest Litigation is liable to be dismissed and accordingly, stands dismissed. March 18, 2026 gp WPIL No. 661 of 2026 2 (Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- GANESH PRAKASH High Court of Judicature at Allahabad