Gyanesh Kumar Bind vs State Of U.P. And 12 Others

1. Heard Sri Shrikant Chaturvedi, learned counsel for the petitioner and learned Standing Counsel for the respondents State. Sri Bhupendra Kumar Tripathi has accepted notice on behalf of Gaon Sabha.

2. The present petition has been filed seeking following relief:-

"I. Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no. 2, 3 and 4 to remove the illegal encroachment of Plot No. 507, area 0.6870 hectare which registered as Hospital (Arogya Kendra & A.N.M. Centre) village Sirgitha, Post Pahalwanpur, Sirgitha, Tehsil Saidpur, District Ghazipur from the Encroacher i.e., respondent no. 6 to 13."

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, this Court is 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.

6. Accordingly, the writ petition is disposed of.

(Arun Kumar,J.)

May 6, 2026

Anil