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2025 DAILYLAW 140777 (ALL)

VARUN KHARE v. STATE OF U.P. THRU. PRIN. SECY. URBAN DEVELOPMENT DEPTT. LKO. AND 5 OTHERS

WRIC/4764/2025 · 2025-05-21

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:30092-DB Court No. - 2 Case :- WRIT - C No. - 4764 of 2025 Petitioner :- Varun Khare Respondent :- State Of U.P. Thru. Prin. Secy. Urban Development Deptt. Lko. And 5 Others Counsel for Petitioner :- Saubhagya Mishra,Abhishek Mishra Counsel for Respondent :- C.S.C.,Namit Sharma Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Vakalatnama filed by Shri Rajnish Kumar Singh, Advocate on behalf of the Nagar Nigam, Lucknow is taken on record. Heard. The petitioner alleges encroachment on a public path in front of his shop. The petitioner should approach the Commissioner, Nagar Nigam, Lucknow or such Officer of the Nagar Nigam who may have jurisdiction in the matter, who can get the facts enquired and do the needful as per the U.P. Municipal Corporation Act, 1959, and the regulations, if any, made thereunder, or, approach the competent authority under Section 133 of the B.N.S.S., 2023. At this stage, learned Counsel for the Nagar Nigam says that whatever encroachment existed in front of the shop of the petitioner on this path have been removed. However, the petitioner's Counsel says that the encroachment has again resumed. The writ petition is accordingly disposed of with liberty to the petitioner to avail the remedies aforesaid. Order Date :- 21.5.2025 Lokesh Kumar . [Om Prakash Shukla, J.] [Rajan Roy, J.] Digitally signed by :- LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench