Disposed¶18

Shivbabu v. State of U.P. and 5 Others

Allahabad HC5 May 2026WPIL/1202/2026

Case brief

AI extract

What is this about?

PIL; writ of mandamus; removal of encroachment; Navin Parti (Public Utility Land); Kasra No.1023; Khata No. 00592; Village Dahiyawa; Tahsil Soraon; District Prayagraj; Gaon Sabha; alternative remedy; Section 67 Uttar Pradesh Revenue Code 2006; Amaruddin Ansari PIL No.655 of 2026 (Division Bench, 18.03.2026); Kanhaiya Lal 2023 (12) ADJ 226; writ petition disposed of.

What did the court decide?

No substantive relief on merits; writ petition disposed of on the ground of alternative remedy, with the observation that any application under Section 67 of the Uttar Pradesh Revenue Code, 2006 moved by the petitioner shall be decided after hearing all concerned parties, in accordance with law. ¶18

Shivbabu Vs State of U.P. and 5 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. - 1202 of 2026

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Shivbabu

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.....Petitioner(s)

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Versus

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State Of U.P. And 5 Others

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Counsel for Petitioner(s)	: Vijay Kumar Rai .....Respondent(s)
Counsel for Respondent(s)	: Azad Rai, C.S.C.

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Court No. - 55

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HON'BLE ARUN KUMAR, J.

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Heard Sri Vijay Kumar Rai, learned counsel for the petitioner, learned Standing Counsel for the respondents State and Sri Rajan Chauhan, holding brief of Sri Azad Rai for the Gaon Sabha.

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The present petition has been filed seeking following relief:-

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"1. Issue a writ, order or direction in the nature of mandamus directing the respondent Nos. 1 to 4 to take action against private respondents for removal of his illegal encroachment over the Kasra No.1023, Khata No. 00592, area 0.0820 hectare situated in Village-Dahiyawa (Mirzapur Chauhari), Tahsil-Soraon, DistrictPrayagraj, which is recorded as Navin Parti (Public Utility Land) in revenue record."

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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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Since the petitioner has an alternative remedy, this Court is not inclined to entertain the instant petition.

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WPIL No. 1202 of 2026

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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.

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Accordingly, the writ petition is disposed of.

(Arun Kumar,J.)

May 6, 2026

Anil

Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad

Shivbabu v. State of U.P. and 5 Others

Case brief

What is this about?

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Shivbabu v. State of U.P. and 5 Others

Case brief

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