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2026 DAILYLAW 2014 (ALL)

VINOD KUMAR @ VINOD KUMAR YADAV v. STATE OF UP AND 5 OTHERS

WPIL/1213/2026 · 2026-05-06

Arun Kumar

Public Interest Litigationbody2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 1213 of 2026 Court No. - 55 HON'BLE ARUN KUMAR, J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the State respondents. Sri A. C. Srivastava, Advocate has accepted notice on behalf of respondent Gaon Sabha. 2. The present petition has been filed for the following relief(s): "Issue a writ, order or direction in the nature of mandamus commanding and directing the concerned respondents to remove the illegal encroachment made by Respondent No.5 from Gata No. 621 (area 0.0900 recorded as Mukh Marg), Gata No. 646 (area 0.2300 recorded as Rasta), Gata No. 665 (area 0.0670 recorded as Nali), and Gata No. 693 (area 0.0200 recorded as Chakmarg) in revenue record, situated in Village- Mahua Kheda, Tehsil Agra, District Agra, being public utility land." 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 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. Versus Counsel for Petitioner(s) : Rajesh Yadav, Viresh Kumar Yadav Counsel for Respondent(s) : Avinash Chandra Srivastava, C.S.C. Vinod Kumar @ Vinod Kumar Yadav .....Petitioner(s) State Of Up And 5 Others .....Respondent(s) 4. Since the petitioner has an alternative remedy, I am not inclined to entertain the instant petition. 5. 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. 6. Accordingly, the present petition is disposed of. May 7, 2026 Ashok Kr. WPIL No. 1213 of 2026 2 (Arun Kumar,J.) Digitally signed by :- ASHOK KUMAR High Court of Judicature at Allahabad