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2025 DAILYLAW 131422 (ALL)

M/S ASFOM BUILDWELL LLP THRU. AUTHORIZED REPRESENTATIVE SHRI NAGENDRA KUMAR v. STATE OF U.P. THRU. ADDL. CHIEF SECY. REVENUE LKO. AND 7 OTHERS

WRIC/3098/2025 · 2025-04-02

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:18189-DB Court No. - 2 Case :- WRIT - C No. - 3098 of 2025 Petitioner :- M/S Asfom Buildwell Llp Thru. Authorized Representative Shri Nagendra Kumar Respondent :- State Of U.P. Thru. Addl. Chief Secy. Revenue Lko. And 7 Others Counsel for Petitioner :- Shweta Srivastava,Abhishek Srivastava,Vikas Verma Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. 1. Heard. 2. The petitioner alleges encroachment on road side land in violation of U.P. Roadside Land Control Act, 1945 (hereinafter referred to as "Act, 1945"). Violation of provisions of Act, 1945 entails two actions under sub section 1 of Section 13 of the Act, 1945, one is procedure for offences resulting in penalty etc., which is to be undertaken by a Court as referred in Section 14 of the Act, 1945, the other is without prejudice to sub section 1 of Section 13 of the Act, 1945, which is under sub section 2 of Section 13 of the Act, 1945 before the Collector. 3. Having heard learned Counsel for the petitioner and the concerned opposite parties, let the petitioner approach the Collector-opposite party No.2 or the opposite party No.4 as the case may be, raising his grievance, which shall be looked into as per law but after hearing the private parties herein and needful as may be required in law shall be done subject to the limits of their jurisdiction as prescribed under sub section 2 of Section 13 of the Act, 1945 or any other provision contained therein . Let this exercise under sub section 2 of Section 13 of the Act, 1945 be undertaken on the application of the petitioner within a period of three months unless there is any legal impediment in which case, the same shall be communicated to the petitioner. We have not adjudicated the merits of the allegations made by the petitioner, which will have to be considered by the Collector, who appears to be competent under sub section 2 of Section 13 of the Act, 1945 provided there is a breach as referred in sub section 1 of Section 13 of the Act, 1945. 4. With the aforesaid observations/directions, the writ petition is disposed of. (Om Prakash Shukla, J.) (Rajan Roy, J.) Order Date :- 2.4.2025 -Piyush- Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench