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2026 DAILYLAW 3088 (ALL)

AMARJEET AND 3 OTHERS v. STATE OF U.P. AND 10 OTHERS

WPIL/1195/2026 · 2026-05-05

Arun Kumar

Public Interest Litigationbody2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 1195 of 2026 Court No. - 55 HON'BLE ARUN KUMAR, J. 1. Heard learned counsel for the petitioners and learned Standing Counsel for the respondents State. Sri Rameshwar Prasad Shukla 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 commanding the respondent Authorities to restrain the dumping dirty/polluted water of toilet for their houses upon the Gata No.132 (Harigan Gaddha/Ghur) Khad of and Gata No.133 (Land Saurhan) by the respondent nos.5 to 10 and other more villagers, which is situated at Village: Dharampur Kasayar, Tehsil: Madhuban, District: Mau, U.P. expeditiously." 3. Learned Standing Counsel has raised a preliminary objection that petitioners have 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 petitioners have an alternative remedy, this Court is not inclined to entertain the instant petition. Versus Counsel for Petitioner(s) : Shivam Shukla, Shri Prakash Mishra Counsel for Respondent(s) : C.S.C., Rameshwar Prasad Shukla Amarjeet And 3 Others .....Petitioner(s) State Of U.P. And 10 Others .....Respondent(s) 5. In case, the petitioners move an application under Section 26/67 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 writ petition is disposed of. May 6, 2026 Anil WPIL No. 1195 of 2026 2 (Arun Kumar,J.) Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad