Neutral Citation No. - 2025:AHC:112476 Court No. - 66 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1511 of 2025 Petitioner :- Dilip Kumar Dwivedi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Iftakhar Ahmad Counsel for Respondent :- Azad Rai,C.S.C. Hon'ble Ashutosh Srivastava,J. The present P.I.L. has been filed raising an issue that gata no. 1335 M area 0.0230 hectare recorded as Public Pathway in the revenue records has been occupied by the respondent no.5 claiming it to be his bhumidhari. Accordingly, removal of the encroachment/unauthorised construction has been sought. Sri Iftakhar Ahmad, learned counsel for the petitioner contends that the said land is recorded as public pathway in the revenue records with an area of 0.0230 hectare. It is accordingly prayed that the PIL be entertained to remove the encroachment. The respondent no. 5 duly represented by Shri Dheeraj Kumar Dwivedi, learned counsel, who submits that the plot in question i.e. Gata No. 1335 M is a large plot and an area of 0.6620 hectares thereof is the Bhumidhari of the respondent no. 5 is the subject matter of civil litigation instituted by the respondent no. 5 along with others and an injunction is also operating in the said litigation. In the said civil proceedings, the area of plot no. 1335 M is claimed to be 0.6620 hectare. The writ petitioner has not brought on record particulars to show the area of the Plot No. 1335 of which the Plot No. 1335 M is a part to show that the public path exists over the land claimed by the respondent no. 5 as his Bhumidhari. Admittedly, a civil litigation is pending as regards the gata in question. Moreover, since an encroachment is alleged by the petitioner of the present writ PIL over part of the land of the gata in question, the Court is of the opinion that the petitioner has an alternative remedy of invoking Section 26 of the U.P. Revenue Code, 2006 for redressal of the grievances raised by means of the present writ (PIL). In such view of the matter, the Court is not inclined to entertain the writ PIL and it is accordingly dismissed. It shall, however be open for the petitioner to take recourse with the provisions of the U.P. Revenue Code for redressal of his grievances if so advised. Order Date :- 14.7.2025/Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad