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HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 1036 of 2026 Court No. - 55 HON'BLE ARUN KUMAR, J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for the respondent nos. 1 to 3. Sri Azad Rai has accepted notice on behalf of respondent no. 4.
2. The present petition has been filed for the following relief:
"A-Issue a writ, order or direction in the nature of mandamus commanding to respective authority to ensure the removal of encroachment caused by respondent no.5 to 7 illegally over Gata No. 320m area 0.022 hect. situate at village- Parai Khagal, Pargana-Kada, Tehsil Sirathu, District- Kaushambi by way of constructing houses whereas it is preserved for Anganwadi Center within a very stipulated time as per fixed by this Hon'ble Court otherwise, interest of a lot of people/ villagers shall completely be affected which cannot be compensated in any manner."
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) : Alok Kumar Sharma, K.C. Mishra Counsel for Respondent(s) : Azad Rai, C.S.C. Ramesh Singh .....Petitioner(s) State Of U.P. And 6 Others .....Respondent(s)
4. In view of the aforesaid, the present petition is disposed of with liberty to the petitioner to move an appropriate application before the appropriate authority, under Section 67 of the U.P. Revenue Code, 2006. If any such application is filed by the petitioner, the same shall be considered and decided, in accordance with law. April 23, 2026 Ranjeet Sahu WPIL No. 1036 of 2026 2 (Arun Kumar,J.) Digitally signed by :- RANJEET SAHU High Court of Judicature at Allahabad