Disposed¶13

Mumtaj Ahmad v. State of U.P. and 6 Others

Allahabad HC4 May 2026WPIL/1156/2026

Case brief

AI extract

What is this about?

Allahabad High Court, Court No. 55; PUBLIC INTEREST LITIGATION (PIL) No. - 1156 of 2026 (also styled WPIL No. 1156 of 2026); Mumtaj Ahmad v. State of U.P. and 6 Others; Hon'ble Arun Kumar, J.; decided May 5, 2026. Keywords: encroachment removal; demolition; Banjar land; arazi no. 6/12; 0.081 hectare; village Mahuwa Bujurg; Tehsil Kasya; District Kushinagar; mandamus; alternative remedy; Section 67 Uttar Pradesh Revenue Code, 2006; Amaruddin Ansari (PIL No.655 of 2026, decided 18.03.2026); Kanhaiya Lal, 2023 (12) ADJ 226; petition disposed with liberty to approach appropriate authority.

What did the court decide?

Liberty to the petitioner to move an appropriate application before the appropriate authority under Section 67 of the U.P. Revenue Code, 2006; no mandamus issued. ¶13

Mumtaj Ahmad Vs State of U.P. and 6 Others — Allahabad HC (2026) — LawSathi Research

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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PUBLIC INTEREST LITIGATION (PIL) No. - 1156 of 2026

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Mumtaj Ahmad

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.....Petitioner(s)

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	Versus
State Of U.P. And 6 Others	.....Respon
Counsel for Petitioner(s)	: Ashok Kumar Patel
Counsel for Respondent(s)	: C.S.C., Sudhir Bharti

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.....Respondent(s)

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Court No. - 55

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HON'BLE ARUN KUMAR, J.

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Heard learned counsel for the petitioner and learned Standing Counsel for the respondent nos. 1 to 4 & 6. Sri Sudhir Bharti has accepted notice on behalf of respondent no. 5.

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The present petition has been filed for the following relief:

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"(i) Issue a writ, order or direction in the nature of commanding mandamus the respondents to remove/demolish encroachment over the arazi no.6/12 meter area 0.081 hectare same is recorded as Banjar land in revenue record which is situated at village Mahuwa Bujurg, Police Station Turkpatti, Tappa Bhaluwa, Pargana Sindhuwa Jobna, Tehsil Kasya, District Kushinagar."

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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 .

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In view of the aforesaid, the present petition is disposed of with liberty to the petitioner to move an appropriate application before the appropriate authority, under Section 67 of the U.P. Revenue Code, 2006. If any such

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WPIL No. 1156 of 2026

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application is filed by the petitioner, the same shall be considered and decided, in accordance with law.

(Arun Kumar,J.)

May 5, 2026

Ranjeet Sahu