HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 34477 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard learned counsel for the petitioner, Shri Ravi Kumar Shukla, learned counsel for respondent No. 4, and learned Standing Counsel for the State-respondents. 2. By means of the present writ petition,. the petitioner has prayed for the following relief:- "1. Issue a writ,order or direction in the nature of mandamus directing the respondents authorities to consider and decide the petitioner's representations dated 11.7.2025, 17.1.2025 and 1.8.2025 regarding removal of the illegal encroachment raised by respondent No. 5 Tabarkun Nisha, over the public road situated at Mohalla, Alinagar, Sugar Mill Ground, Chhoti Masjid, Ward No. 16 District Deoria, within a stipulated frame to time as deemed fit and proper by this Hon'ble Court." 2. It is contended by learned counsel for the petitioner that respondent No. 5 has encroached upon a public road. The petitioner, being the neighbor of respondent No. 5, is facing severe difficulties due to the said encroachment. The petitioner submitted a representation to the District Magistrate (respondent No. 2) for removal of the encroachment made by respondent No. 5. The District Magistrate referred the representation of the petitioner to respondent No. 4, who, after obtaining the report of the District Magistrate, got an inspection conducted to ascertain whether any encroachment had been made by respondent No. 5. Upon inspection, it was found that respondent No. 5 has encroached upon the public land. In view of the aforesaid, the petitioner has prayed for aforesaid relief. Versus Counsel for Petitioner(s) : Bhanu Pratap Singh Counsel for Respondent(s) : C.S.C., Ravi Kumar Shukla Jahida Khatun .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) 3. Learned counsel for respondent No. 4 does not dispute the report of the Executive Engineer annexed at page 26 of the paper book. 4. In view of the aforesaid facts, the writ petition is disposed of with liberty to the petitioner to file a detailed representation before respondent No. 4 within a period of one month from today. On filing of such representation, respondent No. 4 shall, after supplying to respondent No. 5 all the materials which are proposed to be used against her and affording her an opportunity of hearing, determine the question as to whether any encroachment has been made by respondent No. 5, and pass an appropriate order within a further period of two months thereafter. September 26, 2025 Sumaira WRIC No. 34477 of 2025 2 (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) Digitally signed by :- SUMAIRA AQUIL High Court of Judicature at Allahabad