Allahabad High Court
WPIL/2374/2026 of ANKIT GUPTA Vs STATE OF UP AND 10 OTHERS on 5 October 2026
JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 2374 of 2026 Court No. - 51 HON'BLE ARUN KUMAR, J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for the respondents State. Sri Avinash Chandra Srivastava, Advocate has accepted notice on behalf of respondent
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 2374 of 2026
Court No. - 51
HON'BLE ARUN KUMAR, J.
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1. Heard learned counsel for the petitioner, learned Standing Counsel for the respondents State. Sri Avinash Chandra Srivastava, Advocate has accepted notice on behalf of respondent - Gaon Sabha.
2. The present petition has been filed seeking a direction to the respondent nos.2 to 9 to ensure that the illegal encroachment made by respondent nos.10 and 11 over public utility land is removed.
3. It is contended by learned counsel for the petitioner that the lands recorded as Banjar, Khad Ka Gaddha, Holi Sthan, Parikrama Marg and Chakroad have been encroached upon by the respondent nos.10 and 11, which is situated on the borders of Gram Panchayat Kutubpur Bujurg, Gambhira and Kanakpur in Tehsil Karhal, District Mainpuri. It is further contended that a representation has been made to the District Magistrate, but no action has been taken till date.
4. Considering the nature of relief claimed in the present petition, it is evident that the petitioner has a remedy for redressal of his grievance under Section 67 of the Uttar Pradesh Revenue Code, 2006. The Division Bench 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, has held that the authorities under the Revenue Code have inherent jurisdiction to prevent the misuse of public property and a public interest litigation petition before this Court under Article 226 of the Constitution of India is meritless and an abuse of process of law. Versus Counsel for Petitioner(s) : Abhijit Mishra, Harish Chandra Singh Counsel for Respondent(s) : Avinash Chandra Srivastava, C.S.C. Ankit Gupta .....Petitioner(s) State Of Up And 10 Others .....Respondent(s)
5. In view of the aforesaid, the present writ petition is disposed of with liberty to the petitioner to move an application under Section 67 of the Uttar Pradesh Revenue Code, 2006, before appropriate authority. If any such application is filed by the petitioner, it shall be considered and decided, in accordance with law. October 6, 2026 Anil WPIL No. 2374 of 2026 2 (Arun Kumar,J.) Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad