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2026 DAILYLAW 1641 (ALL)

SUNIL DAS v. STATE OF U.P. AND 13 OTHERS

WPIL/1265/2026 · 2026-05-17

Arun Kumar

Public Interest Litigationbody2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 1265 of 2026 Court No. - 55 HON'BLE ARUN KUMAR, J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the respondents State. Sri Sudhir Bharti, Advocate, has accepted notice on behalf of Gaon Sabha. 2. The present petition has been filed seeking following relief:- "I. Issue a writ order, or direction in the nature of mandamus directing the respondent authorities to remove the illegal encroachment over Arazi No. 487 area 0.0770 Hectare Chak Marg (public pathway), situated at Village Banki, Tappa- Dhatura (Silhat), Tehsil- Deoria, District- Deoria." 3. Learned Standing Counsel has raised a preliminary objection that petitioner has an alternative remedy to approach appropriate authority by moving an application under Section 26/67 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. 4. Since the petitioner has an alternative remedy, this Court is not inclined to entertain the instant petition. 5. In case, the petitioner moves an application under Section 26/67 of Versus Counsel for Petitioner(s) : Kunwar Bikram Suryabansh, Shivanand Mani Tripathi Counsel for Respondent(s) : C.S.C., Sudhir Bharti Sunil Das .....Petitioner(s) State Of U.P. And 13 Others .....Respondent(s) Uttar Pradesh Revenue Code, 2006, before appropriate authority, the same shall be decided after hearing all the concerned parties, in accordance with law. 6. Accordingly, the writ petition is disposed of. May 18, 2026 Anil WPIL No. 1265 of 2026 2 (Arun Kumar,J.) Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad