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2026 DAILYLAW 9703 (ALL)

DEEPAK KAPILMUNI MISHRA v. STATE OF UTTAR PRADESH AND 5 OTHERS

WPIL/2275/2026 · 2026-09-22

Arun Kumar

Public Interest Litigationbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 2275 of 2026 Court No. - 51 HON'BLE ARUN KUMAR, J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the State respondents. Sri B. K. Tripathi, Advocate has accepted notice on behalf of respondent Gaon Sabha. 2. The present petition has been filed seeking a direction to the respondent authorities to remove the illegal encroachment made by the encroachers over plot no. 341 recorded as Khalihan in the revenue records relating to Village Pasiyahi Khurd Gopalpur, Tehsil Madiyahoon, District Jaunpur. 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 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, I am not inclined to entertain the instant petition. 5. In case the petitioner moves an application under Section 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. Versus Counsel for Petitioner(s) : Abhay Pratap Singh, Mohd Shahnawaz Counsel for Respondent(s) : Bhupendra Kumar Tripathi, C.S.C. Deepak Kapilmuni Mishra .....Petitioner(s) State Of Uttar Pradesh And 5 Others .....Respondent(s) 6. Accordingly, the present petition is disposed of. September 23, 2026 Ashok Kr. WPIL No. 2275 of 2026 2 (Arun Kumar,J.) Digitally signed by :- ASHOK KUMAR High Court of Judicature at Allahabad