Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 1268 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 Achal Singh, Advocate, has accepted notice on behalf of Gaon Sabha.
2. The present petition has been filed seeking a direction to the respondent nos.2 to 5 to remove the illegal encroachment of respondent nos.6 to 13 made over Plot No.326 area 0.1130 hectare, recorded as Nala in the revenue records, relating to Village Gadola Bangar, Tehsil Pailani, District Banda.
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 Uttar Pradesh Revenue Code, 2006, before appropriate authority, the Versus Counsel for Petitioner(s) : Anant Prakash Swarnkar, Ram Raksha Tiwari Counsel for Respondent(s) : Achal Singh, C.S.C. Ramnaresh Tripathi .....Petitioner(s) State Of U.P. And 12 Others .....Respondent(s)
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. 1268 of 2026 2 (Arun Kumar,J.) Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad