HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8077 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard the learned counsel for the petitioner and the learned Standing Counsel who appears on behalf of the State-respondent nos.1 to 4. 2. This petition has been filed by the petitioner for the following main prayers:- "i) to issued an order or direction in the nature of Mandamus commanding the opposite party nos.2 to 4 to give compensation for damaging Boundary wall and Main Gate which is broken illegally by the Opposite party no.4 without giving prior notice and reconstruct the construction as same prior it's on spot situated at Plot Nos.99, 100, 101, 102 Mauja Maswasi, Magarwara, Tehsil & District Unnao as contained in Annexure No.1 to this writ petition. ii) to issue any other order or direction which this Hon'ble Court deems fit and proper in the facts and circumstances of the case. iii) to allow the application with costs in favour of the petitioner." 3. It has been submitted by the learned counsel for the petitioner that the property in question is owned by Mohammad Ibrahim Khan and the petitioner is Power of Attorney holder for the purpose of taking Versus Counsel for Petitioner(s) : Laxmi Narayan Gupta Counsel for Respondent(s) : C.S.C. Satyanath Pandey .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Public Works Deptt. Lko. And 3 Others .....Respondent(s) care of the property. A copy of the notarised Power of Attorney has been filed as Annexure No.3 to the petition. It has been stated that Opposite party no.4, Executive Engineer, PWD, Unnao, has illegally demolished the Boundary wall and Main Gate of the property without issuing any Show Cause Notice. The petitioner has moved an application to the Collector, Unnao, but no heed has been paid, hence, this writ petition has been filed with the aforesaid prayers. 4. The Counsel appearing for the State-respondents has raised a preliminary objection regarding the maintainability of the petition saying that the petitioner has filed a notarised affidavit which he says is a Power of Attorney. The affidavit filed in support of writ petition should have been filed by the owner of the property Mohammad Ibrahim Khan son of Abdul Jaleel Khan, saying clearly as to why he is unable to appear before this Court as petitioner himself, as the property belongs to him in view of the law laid settled by the Full Bench of this Court in the case of Syed Wasif Husain Rizvi V. Hasan Raza Khan and Six others reported in AIR 2016 Allahabad. 52. 5. On merits of the case, it has also been submitted by the learned counsel for the Respondents on the basis of instructions sent by the Executive Engineer, Provincial Division, PWD Unnao, that on 02.06.2025 notice was issued for removal of encroachment, since nobody was there on whom such notice could be served, the notice was affixed on the boundary wall and pillar of the Gate which was encroaching upon PWD land. It has been submitted on the basis of U.P. Road Side Land Control Act 1945, and Rules framed thereunder in 1964 that the land which is adjacent to a metaled road belongs to PWD and permission has to be sought before construction. The middle of the road is taken as the measuring point and 60 Feet on both side of such PWD road is public land. No construction can be carried out without permission of the Competent Authority. 6. Under Rules 7 of the 1964 Rules, Categorization has been done of roads into National and Provincial Highways; Major District Roads; Other District Roads; Village Roads; Cement Concrete Tracks; Motor WRIC No. 8077 of 2025 2 Roads (in hills) and Bridle Roads (in hills). 60 Feet on either side from the middle of the road is fixed for the purpose of Major District Roads, in the case of the petitioner, the land is situated next to a Major District Roads. 7. The instructions that have been sent by the Executive Engineer contained detailed reference to Meeting held by the District Magistrate, Unnao, on 21.03.2025 regarding Unnao-Shuklaganj Marg and illegal encroachment thereon. In pursuance of the said meeting, a Committee of Officers were constituted on 03.04.2025 consisting of the Executive Engineer, Provincial Division, PWD, the Executive Officer, Nagar Palika Parishad, Unnao, and the Circle Officer, Sadar, Unnao. 8. The instructions are kept on record. 9. We find no good ground to show interference in the matter. 10. Hence, the writ petition is dismissed. August 25, 2025 N.PAL WRIC No. 8077 of 2025 3 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench