RAJPATI GAUR ALIAS RAJPATI v. STATE OF U.P. AND 8 OTHERS
WPIL/2297/2026 · 2026-09-23
Arun Kumar
Public Interest Litigationbody2026
DailyLaw.ai
[ 2026 DAILYLAW 8821 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 8821 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 2297 of 2026 Court No. - 51 HON'BLE ARUN KUMAR, J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for the respondents State. Sri Azad Rai, Advocate, has accepted notice on behalf of Gaon Sabha.
2. The present petition has been filed seeking following relief:-
") Issue a writ, order or direction in the nature of Mandamus directing the respondent no.2, 3 and 4 to remove the encroachment and illegal construction made by respondent no.5 to 9 over the pathway/Kharanja which is made upon the Araji No. 364 area 0.7760 hectare situated at Village Bagdaha Hawasabad, Post Ugrasenpur Tehsil Handia District-Prayagraj/Allahabad recorded as "Banjar" in the revenue record."
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) : Kamlesh Shrama Counsel for Respondent(s) : Azad Rai, C.S.C. Rajpati Gaur Alias Rajpati .....Petitioner(s) State Of U.P. And 8 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. September 24, 2026 Anil WPIL No. 2297 of 2026 2 (Arun Kumar,J.) Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad