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2026 DAILYLAW 3383 (ALL)

AMBIKA PRASAD v. STATE OF U.P. AND 6 OTHERS

WPIL/1214/2026 · 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. - 1214 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 Azad Rai, 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 directing the respondent no.2 and 3 to remove the encroachment made by some persons upon the pond at plot no. 198 having an area of 2.4880 in village Kathuwa, Tehsil Karchana Block Karchana District Prayagraj" 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. 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 Versus Counsel for Petitioner(s) : Haseen Ahmad, Saurabh Basu Counsel for Respondent(s) : Azad Rai, C.S.C. Ambika Prasad .....Petitioner(s) State Of U.P. And 6 Others .....Respondent(s) 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. 1214 of 2026 2 (Arun Kumar,J.) Digitally signed by :- ASHOK KUMAR High Court of Judicature at Allahabad