Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 989 of 2026 Court No. - 55 HON'BLE ARUN KUMAR, J.
1. Heard the petitioner, who has appeared in person, and learned Standing Counsel for the respondent nos. 1 to 4. Sri Pankaj Kumar Gupta has accepted notice on behalf of respondent no.5. 2. The present petition has been filed seeking following reliefs:-
"i) Issue a Writ, Order or Direction in the nature of Mandamus to the respondent nos 2, 3 and 4 for removal of illegal encroachment on the Gata No. 152क area 0.1330 Hectare and Gata no 152 area 0.74 hectare which is recorded in Revenue record as Garahi (गड़ही / जल मग्न भूिम), by respondent No. 6 i.e. Vijay Giri and respondent No 7 i.e. Tokhai. Both are resident of, Village-Pipra Mishra, Post-Mithwal, Tehsil- Bansi, District- Siddharth Nagar. (ii) Issue a writ, order or direction in nature of Mandamus directing the Respondent No.3 and 4 to remove the illegal possession of respondent no 6 and 7 over the Gata No. 152क area 0.1330 Hectare and Gata no 152 area 0.74 hectare which is recorded in Revenue record as Garahi (गड़ही जल मग्न भूिम) and reinstate the Garhi in its original form."
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 Versus Counsel for Petitioner(s) : In Person Counsel for Respondent(s) : C.S.C., Pankaj Kumar Gupta Brahmdev Upadhayay .....Petitioner(s) State Of U.P. And 6 Others .....Respondent(s)
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 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.
April 20, 2026 Anil WPIL No. 989 of 2026 2 (Arun Kumar,J.) Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad