SHASHI PRABHA YADAV v. MUNICIPAL CORPORATION LKO. THRU. NAGAR AYUKT LKO. AND 2 OTHERS
WRIC/6555/2025 · 2025-07-15
Om Prakash Shukla, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 150836 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 150836 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:40204-DB Court No. - 2 Case :- WRIT - C No. - 6555 of 2025 Petitioner :- Shashi Prabha Yadav Respondent :- Municipal Corporation Lko. Thru. Nagar Ayukt Lko. And 2 Others Counsel for Petitioner :- Ghanshyam Verma Counsel for Respondent :- Namit Sharma Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. 1.Sri Siddharth Shakar Dubey, Advocate has filed his Vakalatnama on behalf of opposite party nos.1 and 2 which is taken on record.
2. Heard.
3. Considering the order proposed to be passed issuance of notice to private opposite party no.3 is dispensed with.
4. Petitioner alleges that opposite party no.3 is encroaching the public road while carrying out his business in the name and style Vrindravan Doodh & Dairy Product at 419 Sector -6C, Vrindavan Yojana, Raebareli Road, Lucknow which in fact is a residential premises and cannot be used for commercial purposes, as claimed.
5. Learned counsel for Nagar Nigam says that so far as role of Nagar Nigam is concerned, it issues a trade license and so far as encroachment on public street maintained by Nagar Nigam is concerned, it is obliged to remove the encroachment thereon but so far as land use is concerned, the matter lies within the domain of U.P. Awas Evam Vikas Parishad but U.P. Awas Evam Vikas Parishad and its officials have not been impleaded as an opposite party.
6. Let the petitioner approach opposite party no.1 or such other authority/ court as may have jurisdiction in the matter raising his grievance submitting proof in support of his assertions whereupon the matter can be got inquired and such action shall be taken as may be required / permissible in law at the earliest but only after hearing opposite party no.3 and in accordance with law.
7. Accordingly, the writ petition is disposed of. (Om Prakash Shukla,J.) (Rajan Roy,J.) Order Date :- 15.7.2025Shanu/- Digitally signed by :- SHANU SUMAN High Court of Judicature at Allahabad, Lucknow Bench