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2025 DAILYLAW 121628 (ALL)

RAMESH CHAND TIWARI AND 2 OTHERS v. THE COLLECTOR/DISTRICT MAGISTRATE DISTT. HARDOI AND 18 OTHERS

WRIC/1117/2025 · 2025-02-07

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:8221-DB Court No. - 2 Case :- WRIT - C No. - 1117 of 2025 Petitioner :- Ramesh Chand Tiwari And 2 Others Respondent :- The Collector/District Magistrate Distt. Hardoi And 18 Others Counsel for Petitioner :- Ashok Kumar Bajpai,Abhishek Kumar,Belal Ahmad,Kadambani Lal,Surendra Prasad Gupta Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Shri Ram Kumar Singh, Advocate has filed Vakalatnama on behalf of opposite party no. 3 which is taken on record. Heard. The petitioners allege encroachment by opposite parties no. 5 to 19 on a public road. Learned Counsel for the Nagar Palika Parishad, Bilgram says that some of the encroachments have been removed. As regards, encroachment on the private land of the petitioner, that is not the concern of the Nagar Palika. Be that as it may, if the encroachment by the private opposite parties is on public road and the Nagar Palika has jurisdiction in the matter as per the statutory provisions, then it should make all efforts to remove the encroachment unless there is any legal impediment, in which case the same should be informed to the petitioner. In addition to it, if the petitioners have a cause, then can initiate proceedings before the concerned officer under Section 152 of Bharatiya Nagarik Suraksha Sanhita, 2023. The writ petition is accordingly disposed of. Order Date :- 7.2.2025 Lokesh Kumar [Om Prakash Shukla, J.] [Rajan Roy, J.] Digitally signed by :- LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench