WPIL/2353/2026 of JAY PRATAP RAM Vs STATE OF U.P. AND 8 OTHERS on 30 September 2026

1. Heard learned counsel for the petitioner and learned Standing Counsel for the respondents State. Sri Rameshwar Prasad Shukla, Advocate, has accepted notice on behalf of Gaon Sabha.

2. The present petition has been filed seeking following relief:- "I) Issue an order or direction, in the nature of Mandamus directing the respondent no.2 and 3 to remove the encroachment of respondent no. 6 to 9 over the Gaon Saba land bearing Gata no.278 which is recorded as Chak Marg 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.

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 Versus Counsel for Petitioner(s) : Chandra Jeet Yadav Counsel for Respondent(s) : C.S.C., Rameshwar Prasad Shukla Jay Pratap Ram .....Petitioner(s) State Of U.P. And 8 Others .....Respondent(s)

accordance with law.

6. Accordingly, the writ petition is disposed of. October 1, 2026 Anil WPIL No. 2353 of 2026 2 (Arun Kumar,J.) Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad