ANIL KUMAR PATAIRAYAversusSTATE OF U.P. AND 5 OTHERS

          HIGH COURT OF JUDICATURE AT ALLAHABAD

       PUBLIC INTEREST LITIGATION (PIL) No. - 679 of 2026

Anil Kumar Patairaya
                                                                    .....Petitioner(s)
                                      Versus
State Of U.P. And 5 Others
                                                                  .....Respondent(s)

Counsel for Petitioner(s)                 :    Rajeev Kumar
Counsel for Respondent(s)                 :    C.S.C., Shanti Dhar Dwivedi

Court No. - 21
             HON'BLE MAHESH CHANDRA TRIPATHI, J.
             HON'BLE KUNAL RAVI SINGH, J.

1. Heard Shri Rajeev Kumar, learned counsel for the petitioner, and the
learned Standing Counsel appearing for the State-respondents.

2. The instant Public Interest Litigation has been preferred under Article 226
of the Constitution, inter alia, seeking the following reliefs:

     "1) Issue an order or direction, in the nature of Mandamus directing the
     revenue authorities to remove the illegal encroachment made by the
     encroachers over the Govt. land which is Public land bearing plot no.
     2016 and 2093 situated at Nagar Palika Parishad Konch, District Jalaun.

     II) Issue an order or direction, in the nature of Mandamus directing the
     revenue authorities to decide the representation of the petitioner dated
     27.2.2025 according to law within stipulated period.

     III) Issue a suitable order or direction as this Hon'ble Court may deem fit
     and proper under the circumstances of the case."

3. The instant Public Interest Litigation (PIL) has been preferred by the
petitioner with the grievance that certain public utility land, laying in the
vicinity of Nagar Palika Parishad, Konch, District Jalaun, have been
collusively encroached upon by politically affluent people.

4. At the outset, learned counsel for the respondents has placed detailed
instructions before us, which are taken on record. On the strength of the said
instructions, it is stated that various applications were made by local
residents of the area for the construction of a road for commuters/devotees to
the local councillor, who thereafter forwarded the same to the Executive
Engineer, Nagar Palika Parishad, Konch, Jalaun for consideration. In
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                                    pursuance of the said representation, a tender/notice dated 23.01.2024 was
                                    issued for the construction of an interlocking road from Kali Mata Temple to
                                    Bakhsheshwar Temple in Ward No. 01, Mohalla Gandhi Nagar. It is further
                                    submitted that, as per the instructions, the said road was earlier an unpaved
                                    track with potholes, causing inconvenience to the public, particularly during
                                    festivals such as Navratri and Dussehra. The proposal was duly placed
                                    before the competent committee and, upon verification by the Sub-
                                    Divisional Magistrate, the work was found necessary in public interest.
                                    Consequently, the Municipal Council carried out the construction work
                                    along with proper drainage and pipelining facilities. It is submitted that, as is
                                    apparent, the construction was undertaken after due consideration and in the
                                    interest of the public, and therefore the same cannot be characterised as an
                                    encroachment.

                                    4. Confronted with the said position, learned counsel for the petitioner has
                                    placed heavy reliance on paragraphs 11, 12, 13, and 14 of the petition and
                                    submits that the aforesaid approval is merely a camouflage and that the said
                                    construction has been undertaken to fulfil personal vendetta; therefore, the
                                    indulgence of this Court is essential. He further submits that the instant
                                    matter is squarely covered by the decision rendered in Public Interest
                                    Litigation No. 2923 of 2025, Manoj Kumar Singh vs. State of U.P. and 12
                                    others, dated 09.10.2025.

                                    5. Having heard the rival submissions advanced by the parties and upon
                                    perusal of the record, as well as the decision rendered by this Court in
                                    Manoj Kumar Singh (supra), we find that once a categorical stand has
                                    already been taken by the respondents that the construction has been carried
                                    out after proper appreciation of facts and spot inspection by the authorities,
                                    at this stage no relief can be granted to the petitioner in a Public Interest
                                    Litigation specially in light of Section 67 of U.P. Revenue Code, 2006. The
                                    U.P. Revenue Code, 2006 is a self-contained Code providing a complete
                                    mechanism to redress such grievances. Therefore, we find that the instant
                                    proceeding is not maintainable. However, it is always open to the petitioner
                                    to invoke proceedings under Section 67 of the U.P. Revenue Code, 2006, in
                                    accordance with law.

                                    6. With the aforesaid liberty, the instant petition stands dismissed.

                                    March 19, 2026
                                    Mukesh Kr.
                                                        (Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.)




Digitally signed by :-
MUKESH KUMAR
High Court of Judicature at Allahabad