Disposed¶13

Panelal Kushwaha v. State of U.P. and 4 Others

Allahabad HC4 May 2026WPIL/1165/2026

Case brief

AI extract

What is this about?

PIL; writ of mandamus; removal of encroachment; Gata No. 385; area 0.0160 hectare; Navin Parati; village Lakhuwa lakhui; Tehsil Khaddha; District Kushinagar; alternative remedy; Section 67 Uttar Pradesh Revenue Code 2006; Amaruddin Ansari v. State of U.P., PIL No. 655 of 2026 (decided 18.03.2026); Kanhaiya Lal v. State of U.P., 2023 (12) ADJ 226; petition disposed of with liberty to approach appropriate authority; Arun Kumar, J.; Allahabad High Court; WPIL No. 1165 of 2026.

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 substantive relief granted on the encroachment claim. ¶13

Panelal Kushwaha Vs State of U.P. and 4 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. - 1165 of 2026

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Panelal Kushwaha

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.....Petitioner(s)

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	Versus
State Of U.P. And 4 Others		.....Respon
Counsel for Petitioner(s)	:	Shailendra Kumar Singh
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. 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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"a) to issue a writ, order or direction in the nature of mandamus directing the respondent authority to remove the encroachment over Gata Nos. 385, area 0.0160 Hectare recorded as Navin Parati in the revenue record which situated in village Lakhuwa lakhui, Tehsil khaddha, District Kushinagar."

¶12

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 application is filed by the petitioner, the same shall be considered and

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WPIL No. 1165 of 2026

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decided, in accordance with law.

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(Arun Kumar,J.)

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May 5, 2026 Ranjeet Sahu

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Digitally signed by :- RANJEET SAHU High Court of Judicature at Allahabad

Panelal Kushwaha v. State of U.P. and 4 Others

Case brief

What is this about?

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Panelal Kushwaha v. State of U.P. and 4 Others

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