WPIL/2292/2026 of MITHILESH KUMAR Vs STATE OF U.P. AND 6 OTHERS on 23 September 2026

1. Heard learned counsel for the petitioner and learned Standing Counsel for the respondents State.

2. The present petition has been filed seeking following relief:- "(i) issue a writ, order or direction in the nature of mandamus commanding the respondent authorities to stop the new construction and remove the illegal encroachment made by respondent nos.5 and 6 over the public utility land bearing Plot Nos. 1508, 1509 and 1571 recorded in the revenue records (nature of land Class- 6-1 and 6-2) for purpose of "Khad Gaddha" and "Nali" etc. situated at Village Bhiduna, P.O. Meerganj, Tahsil Machhalishahar, 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 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 Versus Counsel for Petitioner(s) : Akancha Singh, Ved Mani Sharma Counsel for Respondent(s) : C.S.C. Mithilesh Kumar .....Petitioner(s) State Of U.P. And 6 Others .....Respondent(s)

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 24, 2026 Anil WPIL No. 2292 of 2026 2 (Arun Kumar,J.) Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad