MANOJ KUMAR JAISWAL @ VASU AND 22 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. P.W.D. U.P. LKO. AND 6 OTHERS
WRIC/6761/2025 · 2025-07-21
Manish Kumar, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 151602 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 151602 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:42202-DB Court No. - 2 Case :- WRIT - C No. - 6761 of 2025 Petitioner :- Manoj Kumar Jaiswal @ Vasu And 22 Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. P.W.D. U.P. Lko. And 6 Others Counsel for Petitioner :- Aftab Ahmad Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Manish Kumar,J.
1. Heard.
2. Petitioners have received a notice dated 15.05.2025 for showing cause or removing the alleged encroachment on road side land. Although, the notice does not say so learned counsel for the petitioners says this is a notice under Section U.P. Roadside Land Control Act, 1945 but the Assistant Engineer who has given the notice is not competent for the said purpose. In any case, it is said that petitioners have submitted their response vide Annexure no.2 dated 23.05.2025 which has not been considered as yet nor any decision has been communicated to the petitioner yet the officials are visiting the spot and threatening the petitioners with demolition / removal of alleged encroachment.
3. Learned Standing Counsel does not have instructions.
4. We see no reason to keep the matter pending. Let the petitioners' objections or response to the notice be considered and decided within fifteen days, thereafter, any further action whether under the Act, 1945 or any other enactment be taken, if otherwise permissible in law. All pleas raised in the objection would be considered by the authority who has issued the notice who shall also decide as to whether he had authority to issue such notice, if so, under which provision of law.
5. Accordingly, the writ petition is disposed of. (Manish Kumar,J.) (Rajan Roy,J.) Order Date :- 21.7.2025/Shanu/- Digitally signed by :- SHANU SUMAN High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SHANU SUMAN High Court of Judicature at Allahabad, Lucknow Bench