Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 1202 of 2026 Court No. - 55 HON'BLE ARUN KUMAR, J.
1. Heard Sri Vijay Kumar Rai, learned counsel for the petitioner, learned Standing Counsel for the respondents State and Sri Rajan Chauhan, holding brief of Sri Azad Rai for the Gaon Sabha.
2. The present petition has been filed seeking following relief:-
"1. Issue a writ, order or direction in the nature of mandamus directing the respondent Nos. 1 to 4 to take action against private respondents for removal of his illegal encroachment over the Kasra No.1023, Khata No. 00592, area 0.0820 hectare situated in Village-Dahiyawa (Mirzapur Chauhari), Tahsil-Soraon, District- Prayagraj, which is recorded as Navin Parti (Public Utility Land) in revenue record."
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, this Court is not inclined to entertain the instant petition. Versus Counsel for Petitioner(s) : Vijay Kumar Rai Counsel for Respondent(s) : Azad Rai, C.S.C. Shivbabu .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s)
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 writ petition is disposed of. May 6, 2026 Anil WPIL No. 1202 of 2026 2 (Arun Kumar,J.) Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad