HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 34666 of 2025 Court No. - 29 HON'BLE MAHESH CHANDRA TRIPATHI, J. HON'BLE KUNAL RAVI SINGH, J. 1. Supplementary affidavit filed today is taken. 2. Heard Shri Dharmendra Kumar Singh, learned counsel for the petitioner and Shri Ambrish Shukla, learned Additional Chief Standing Counsel for the State respondents. 3. The instant writ petition is preferred questioning the validity of the impugned notice dated 06.08.2025 passed by the Assistant Engineer, Provincial Division, P.W.D. Fatehgarh, District Farrukhabad (respondent no.3) as well as the notice dated 14.11.2024 issued by the Executive Officer, Nagar Palika Parishad, Farrukhabad (respondent no.4). 4. At the outset, Shri Ambrish Shukla, learned Additional Chief Standing Counsel has raised an objection regarding maintainability of the present writ petition and submits that U.P. Roadside Land Control Act, 1945 (in short, Act, 1945) is self-contained Act. Admittedly, the notice has been served upon the petitioner and till date, the proceeding has not been finalized. Without waiting for the outcome of the proceeding, the petitioner has invoked the writ jurisdiction and even after finalisation of the proceeding under the Act, 1945, the petitioner has efficacious remedy. As such, the writ petition is devoid of merit and the same is liable to be dismissed. 5. Confronted with this situation, learned counsel for the petitioner, on the strength of the supplementary affidavit filed today, has tried to impress the Court that the petitioner has filed response to the impugned notice but till Versus Counsel for Petitioner(s) : Dharmendra Kumar Singh Counsel for Respondent(s) : C.S.C. Mohit Gupta .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) date, the authority has not taken a final call in the matter. There is every likelihood that the construction in question would be demolished. 6. Considering the factual situation and without adverting the matter on its merit, the writ petition stands disposed of with observation that in view of the notice under Section 5/6 of the Act, 1945, in case the proceeding has not been finalized, the same would be finzalized in further three weeks but certainly after giving opportunity of hearing to the petitioner. Till the objection of the petitioner is decided, the parties shall maintain status quo as on today. October 13, 2025 RKP WRIC No. 34666 of 2025 2 (Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- RAKESH KUMAR PATEL High Court of Judicature at Allahabad