MANNA LAL v. STATE OF U.P. THRU. PRIN. SECY, DEPARTMENT OF REVENUE LKO. AND 4 OTHERS
WRIC/3364/2025 · 2025-04-10
Om Prakash Shukla, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 132761 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 132761 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:20383-DB Court No. - 2 Case :- WRIT - C No. - 3364 of 2025 Petitioner :- Manna Lal Respondent :- State Of U.P. Thru. Prin. Secy, Department Of Revenue Lko. And 4 Others Counsel for Petitioner :- Ratnesh Chandra,Ishan Singh Popli Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey,Mithila Bakhsh Tiwari Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Sri M.B. Tiwari, Advocate, has filed a short counter affidavit today, which is taken on record. Heard Mr. Ratnesh Chandra, assisted by Mr. Ishan Singh Popli, Advocate, learned counsel for the petitioner as also Mr. M.B. Tiwari, learned counsel for the Caveator, and the learned Addl. C.S.C. for the State. If the notices contained in Annexure Nos. 1 and 2 are under the Prevention of Damage to Public Property Act, 1984, as is claimed by the State Counsel and the counsel for the Caveator Sri M.B. Tiwari, then at least the Gata Number at which the alleged public property is situated, should have been mentioned and also as to how it is a Public Property. The Standing Clause says that there is some report on the basis of which the notices contained in Annexures-1 and 2 have been issued, but we do not find any endorsement in the notice that the said report has been furnished to the petitioner. This is not how notices are to be issued even under the Act 1984. We, therefore quash the same, however, with liberty to the District Magistrate, Unnao and the S.D.M., Hasanganj, Unnao, to issue fresh notice at the earliest, say within 3 weeks, if there is a cause, giving details of the land or property, which is alleged to be a Public Property within the meaning of the Act 1984; the basis for issuance of notice, i.e. the violation committed by the petitioner, and seek the petitioner's response and thereafter take a decision in accordance with law. With these observations/directions this writ petition is disposed of. We make it clear that we have not at all adjudicated the rights of the petitioner in respect of any land or property nor as to whether the property in question is a Public Property or not. All
this will have to be seen by the concerned officials, if they issue a notice to the petitioner and thereafter, as and when the occasion arises.
(Om Prakash Shukla, J.) (Rajan Roy, J.) Order Date :- 10.4.2025 A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench