Neutral Citation No. - 2025:AHC:67260-DB Court No. - 21 Case :- WRIT - C No. - 41855 of 2024 Petitioner :- Md. Islam Respondent :- State Of Uttar Pradesh And 7 Others Counsel for Petitioner :- Arvind Srivastava Counsel for Respondent :- Arvind Kumar Rai,C.S.C.,Ravi Prakash Pandey,Vineet Sankalp Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. Supplementary affidavit filed today is taken on record. 2. Heard learned counsel for the petitioner, learned Standing Counsel for the State respondents, Sri Vineet Sankalp for respondents no. 3 & 4, Sri A.P. Paul for respondents no. 5 & 6 and Sri Arvind Kumar Rai for respondents no. 7 and 8. 3. The prayer made in the instant petition is for issuing a writ of certiorari quashing the order dated 04.10.2024 passed by the Junior Engineer, Varanasi Development Authority, Varanasi and for a writ of mandamus commanding the respondent - Authorities to remove unauthorised constructions made by the private respondents on a 30 feet wide road situated on the southern side of House No. C-20/1 Ward Chetganj, Ramakant Nagar, Police Station Sigra, Varanasi. 4. The order impugned dated 04.10.2024 is in fact a report submitted by the Junior Engineer, Varanasi Development Authority, Varanasi on a complaint filed by the petitioner on IGRS portal in relation to alleged encroachments made over the aforesaid road by respondents no. 7 and 8. The report mentions that on inspection it transpired that the house of private respondents is more than 70 years old and no construction is in progress. 5. The case of the petitioner is that the width of the road is 30 feet and respondents no. 7 and 8 have constructed their houses over part of the road. 6. The respondent - Development Authority has taken stand before this Court that a lay out plan of the colony was submitted by a Co- operative Society and although, it was sanctioned initially but ultimately it was rejected in the year 1974 with liberty to the individuals to apply for sanction of individual building plan. Thus, according to the Development Authority, there is no approved lay out plan indicating that the width of the road was 30 feet. 7. Counsel for Nagar Nigam, Varanasi has taken the stand that as per records of Nagar Nigam no such road is recorded. 8. It appears that in the past also the petitioner made a complaint on IGRS portal and at that time the complaint was disposed of with liberty to the petitioner to approach the Development Authority for redressal of his grievance. 9. It also appears from the written instructions furnished by Varanasi Development Authority, Varanasi that a notice was issued on 24.01.2025 by the Development Authority to one Chandrashekhar in respect of House No. C-20/1-4-Ka, Ward Chetganj, Varanasi calling upon him to furnish explanation and evidence in relation to any sanctioned building plan in his favour, failing which proceedings under U.P. Urban Planning and Development Act, 1973 would be initiated. 10. Although, the petitioner is stated to have made representation to Nagar Nigam, Varanasi and its copy was forwarded to Development Authority but no separate representation has been made to the Development Authority so far. 11. In view of the aforesaid facts and circumstances, we dispose of the instant petition with liberty to the petitioner to approach the respondent - Development Authority with his grievance against respondents no. 7 and 8 and in which event the respondent - Development Authority would consider and decide the same in accordance with law after due notice and opportunity of hearing to all concerned. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 30.4.2025 gp Digitally signed by :- GANESH PRAKASH High Court of Judicature at Allahabad