Allahabad High Court
WPIL/2323/2026 of ARUN KUMAR Vs STATE OF U.P. AND 10 OTHERS on 6 October 2026
JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 2323 of 2026 Court No. - 51 HON'BLE ARUN KUMAR, J. 1. Heard Sri N. K. Pal, learned counsel for the petitioner and learned Standing Counsel for the State respondents. Sri Hari Narayan Singh, Advocate has accepted notice on behalf of
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 2323 of 2026
Court No. - 51
HON'BLE ARUN KUMAR, J.
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1. Heard Sri N. K. Pal, learned counsel for the petitioner and learned Standing Counsel for the State respondents. Sri Hari Narayan Singh, Advocate has accepted notice on behalf of respondent Gaon Sabha.
2. The present petition has been filed seeking a direction to the respondent authorities to remove the illegal encroachment made by the encroachers over plot nos. 886, 1008, 938, 1108, 829, 996Kha, 1064 and 1007 reserved as land for public utility usage in the revenue records relating to Village Niwasai, Tahsil Etawah, District Etawah.
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 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 petitioner has an alternative remedy, I am not inclined to entertain the instant petition.
5. In case the petitioner moves 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 Versus Counsel for Petitioner(s) : Amar Vikash, Naresh Kumar Pal Counsel for Respondent(s) : C.S.C. Arun Kumar .....Petitioner(s) State Of U.P. And 10 Others .....Respondent(s)
accordance with law.
6. Accordingly, the present petition is disposed of. October 7, 2026 Ashok Kr. WPIL No. 2323 of 2026 2 (Arun Kumar,J.) Digitally signed by :- ASHOK KUMAR High Court of Judicature at Allahabad