Bhartiya Kisan Union Lokshakti Vs Secretary Land Revenuefinance Department Government of Uttar Pradesh and 17 Others

Heard learned counsel for the petitioner and learned Standing Counsel for the respondents State. Sri Hari Narayan Singh, Advocate, has accepted notice on behalf of Gaon Sabha.

The present petition has been filed seeking a direction to the revenue authorities to remove the illegal encroachment made by respondent nos.8 to 18 from Plot Nos. 201, 80, 200, 105, 100, 195, 194, 185, 106, 509, 181, 380, 211, 333 and 397, recorded as public utility land in the revenue records, relating to Village Sithaupurwa, Tehsil Chhibramau, District Kanpur Dehat.

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 .

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

WPIL No. 2238 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.