Allahabad High Court
WPIL/2359/2026 of RAJAN KUMAR Vs STATE OF U.P. AND 7 OTHERS on 30 September 2026
JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 2359 of 2026 Court No. - 51 HON'BLE ARUN KUMAR, J. 1. Heard Sri Panchu Ram Maurya, learned counsel for the petitioner, learned Standing Counsel for the respondents State and Sri Kushagra Agarwal, holding brief of Sri J.N. Maurya,
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 2359 of 2026
Court No. - 51
HON'BLE ARUN KUMAR, J.
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1. Heard Sri Panchu Ram Maurya, learned counsel for the petitioner, learned Standing Counsel for the respondents State and Sri Kushagra Agarwal, holding brief of Sri J.N. Maurya, learned counsel for the respondent nos.7 and 8. Sri Arun Kumar Pandey, Advocate, has accepted notice on behalf of Gaon Sabha.
2. The present petition has been filed seeking following relief:- "(I) A writ, order or direction in the nature of MANDAMUS commanding and directing to the respondents to provide drainage facilities to exit the dirty water including Rainy Season water from the Village Berkhera Chauhan, to clean and repair the Old Nala which is running through the Khasra No. 13 Area 0.0460 Hectare and as well as in Khasra No. 70 Area 0.0250 Hectare which has been encroached and blocked, otherwise the villagers of Village Berkhera Chauhan will suffer great hardship due to infection of several disease due to collection of dirty water in the Village Berkhera Chauhan."
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 Versus Counsel for Petitioner(s) : Panchu Ram Maurya, Shashank Maurya Counsel for Respondent(s) : Arun Kumar Pandey, C.S.C., J.N. Maurya Rajan Kumar .....Petitioner(s) State Of U.P. And 7 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 26/67 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. October 1, 2026 Anil WPIL No. 2359 of 2026 2 (Arun Kumar,J.) Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad