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2026 DAILYLAW 8570 (ALL)

UMESH CHANDRA TRIPATHI v. THE STATE OF U.P. AND 5 OTHERS

WPIL/2300/2026 · 2026-09-23

Arun Kumar

Public Interest Litigationbody2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 2300 of 2026 Court No. - 51 HON'BLE ARUN KUMAR, J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the respondent nos. 1 to 4. Sri Sudhir Bharti has accepted notice on behalf of respondent no. 5. 2. The present petition has been filed seeking a direction to the respondent no. 4 to ensure removal of encroachment made by the respondent no. 6 over plot no.46 recorded as Sector Road in the revenue records relating to Village Tadwa Khurd, Tehsil Sahjanwa, District Gorakhpur. 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 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. September 24, 2026 Ranjeet Sahu Versus Counsel for Petitioner(s) : Adya Prasad Tewari Counsel for Respondent(s) : C.S.C., Deo Anand, Sudhir Bharti, Virendra Singh (Arun Kumar,J.) Umesh Chandra Tripathi .....Petitioner(s) The State Of U.P. And 5 Others .....Respondent(s) Digitally signed by :- RANJEET SAHU High Court of Judicature at Allahabad