Raj Kumar Pandey vs State Of U.P. And 8 Others

1. Heard Sri Kanhaiya Lal Tiwari, learned counsel for the petitioner, learned Standing Counsel for the respondents State and Sri Pankaj Kumar Gupta for the Gaon Sabha.

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

"I- Issue, a writ, order of direction in the nature of mandamus commanding and directing the respondent no.2 to 5 to remove the illegal encroachment made by respondent no.6 to 9 upon the Arazi No.153Mi area 0.1300 hectare and Arazi No.163 area 0.0400 hectare recorded as Garaha Situated at Village Daulatnpur, Pargana-Basti Paschim, Tehsil-Harraiya, District- Basti."

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