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2026 DAILYLAW 9155 (ALL)

AMIR AHMAD v. STATE OF UTTAR PRADESH AND 6 OTHERS

WPIL/2023/2026 · 2026-09-22

Arun Kumar

Public Interest Litigationbody2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 2023 of 2026 Court No. - 51 HON'BLE ARUN KUMAR, J. (Ref:- Civil Misc. Impleadment Application No. 3 Of 2026) 1. This is an application to implead Gaon Sabha, Village Kushaliya, Badi Masjid, Masuri, Post Hindan Nagar, District Ghaziabad as respondent no.7 in the present petition. 2. Application is allowed. 3. Learned counsel for the petitioner is permitted to carry out necessary incorporation in the writ petition, during the course of the day. (Order on Writ Petition) 1. Heard Sri Abhishek Gupta and Sri Mehtaab Alam, learned counsel for the petitioner, learned Standing Counsel for the respondent nos.1 to 4 and Sri Rohit Yadav, holding brief of Sri Sunil Kumar Singh, learned counsel for the newly impleaded respondent no.7. 2. The present petition has been filed seeking a direction to the respondent no.3 to remove the illegal encroachment made by encroachers over Plot No.1033, recorded as chakroad in the revenue records, relating to Village Kushaliya, Block Rajapur, District Ghaziabad. 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 Versus Counsel for Petitioner(s) : Abhishek Gupta, Mehtaab Alam, Satyam Sharma Counsel for Respondent(s) : C.S.C., Sunil Kumar Singh Amir Ahmad .....Petitioner(s) State Of Uttar Pradesh And 6 Others .....Respondent(s) 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. 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 23, 2026 Anil WPIL No. 2023 of 2026 2 (Arun Kumar,J.) Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad