Allahabad High Court
WPIL/2298/2026 of SACHIN KUMAR Vs STATE OF U.P. AND 15 OTHERS on 23 September 2026
JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 2298 of 2026 Court No. - 51 HON'BLE ARUN KUMAR, J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the respondent State. Sri Rameshwar Prasad Shukla, Advocate has accepted notice on behalf of Gaon Sabha.
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 2298 of 2026
Court No. - 51
HON'BLE ARUN KUMAR, J.
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1. Heard learned counsel for the petitioner and learned Standing Counsel for the respondent State. Sri Rameshwar Prasad Shukla, Advocate has accepted notice on behalf of Gaon Sabha.
2. The present writ petition has been filed seeking following relief:- "(a) issue a writ, order or direction in the nature of Mandamus commanding respondent nos. 1 to 7 to forthwith remove the illegal encroachment/obstruction raised by respondent nos. 8 to 16 over the public Government drain situated at Gata No. 1790, Village Lohara, Tehsil Budhanpur, District Azamgarh, and to restore free and unobstructed flow of waste/sewage water of the Gram Sabha through the said drain;"
3. Today when the case was taken up, learned Standing Counsel has placed before the Court the instructions dated 19.9.2026 sent by Deputy District Magistrate, Budhanpur, District Azamgarh, which is taken on record.
4. Perusal of the aforesaid instructions shows that Plot No.1790 area 0.028 hectare is recorded in the name of Shiv Prasad son of Poladi as bhumidhar with transferable rights on which no drain exists. The dispute actually relates to Plot No.1798 recorded as Abadi. The drain is claimed by Subhash, Rampal, Kalawati, Indrajeet and others, the respondent nos.8 to 16, to have been constructed by them. However, the Gram Pradhan has stated in writing that it was constructed by the Gaon Sabha fund. In respect of the drain in question, an Original Suit No.976 of 2025 has Versus Counsel for Petitioner(s) : Deep Narayan, Rajesh Tripathi Counsel for Respondent(s) : C.S.C., Rameshwar Prasad Shukla Sachin Kumar .....Petitioner(s) State Of U.P. And 15 Others .....Respondent(s)
already been filed by the private respondents against the father of the petitioner.
5. After perusal of the instructions, it is evident that the fact regarding pendency of civil suit against the father of the petitioner has not been disclosed in the present writ petition. The nature of dispute appears to be private dispute having no public interest. Moreover, once remedy under common law is already pending in respect of drain in question, no direction is required to be issued by this Court in the present PIL.
6. The writ petition being misconceived is, accordingly, dismissed. September 24, 2026 Anil WPIL No. 2298 of 2026 2 (Arun Kumar,J.) Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad