WPIL/2392/2026 of RAJESHWAR PANDEY AND 3 OTHERS Vs STATE OF U.P. AND 5 OTHERS on 6 October 2026

1. Heard learned counsel for the petitioners, learned Standing Counsel for the respondents State and Sri Sudhir Bharti, learned counsel for the Gaon Sabha.

2. The present petition has been filed seeking a direction to the respondent nos.2 and 3 to remove the illegal encroachment made by encroachers over Plot No.77 area 0.0280 hectare, recorded as navin parti in the revenue records, relating to Village Ghoshi Majhvaliya, Tehsil Gola, District Gorakhpur.

3. Learned Standing Counsel has raised a preliminary objection that petitioners have 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 petitioners have an alternative remedy, this Court is not inclined to entertain the instant petition.

5. In case, the petitioners move 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) : Rajendra Kumar Ojha, Vandana Singh Counsel for Respondent(s) : C.S.C. Rajeshwar Pandey And 3 Others .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s)

6. Accordingly, the writ petition is disposed of. October 7, 2026 Anil WPIL No. 2392 of 2026 2 (Arun Kumar,J.) Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad