Pradeep Kumar Srivastava v. DISTRICT MAGISTRATE/ COLLECTOR SITAPUR AND ORS.
WRIC/7951/2025 · 2025-08-20
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 159213 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 159213 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:48685-DB Court No. - 2 Case :- WRIT - C No. - 7951 of 2025 Petitioner :- Pradeep Kumar Srivastava Respondent :- District Magistrate/ Collector Sitapur And Ors. Counsel for Petitioner :- Ashish Kumar Mishra,Arvind Kumar Tewari,Dr.Mohd.Kamran,Satish Kumar Misra Counsel for Respondent :- C.S.C. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J.
1. Heard learned counsel for the petitioner and learned Standing Counsel appearing on behalf of the State Respondents. 2. This petition has been filed with the following main prayer:-
"Issue a writ, order, or direction in the nature of Mandamus commanding Opposite Parties no.1 to 4 not to disturb or interfere with the Petitioner's Vendor Shop in pursuance of the notice date 23.05.2025 (contained as Annexure No.8 to this writ petition)". 3. We have perused the notice dated 23.05.2025 which has been issued to the petitioner by the Tehsildar Sadar Sitapur, wherein it has been stated that on the spot inspection was carried out of the parking area of the Tehsil office and it was found that the petitioner has set up his shop in the said parking area without there being any allotment. The petitioner has been asked to remove such unauthorized shop from the parking area immediately or within a week of the receipt of such notice. In case he does not remove such shop within one week then proceedings would be initiated against him and the parking area shall be vacated forcibly. 4. Learned counsel for the petitioner says that all other shops are running in the parking area but the respondents are not checking them. The respondents have singled out the petitioner to take action. 5. Learned Standing Counsel has produced before this Court instructions dated 19.08.2025 sent by the Tehsildar, Sadar, Sitapur, wherein it has been stated that the petitioner had set up his shop ad- measuring 6 ft x 4 ft for vending stamps. He had earlier approached the Tehsildar praying for permission for setting up a shop, but he was not given any such area. There was no allotment in his favour. He later on removed the small temporary structure and has now put up a tin shed in area ad-measuring 6ft x 12ft. One Ram Singh Yadav had submitted a complainant on Sampurna Samadhan Diwas for getting the parking area freed in the Tehsil office from encroachment.
Notices were issued to all persons similarly situated as the petitioners. Most of them have removed their encroachment/ construction/ Khokha/ Dukaan/ Takhat from the parking area The petitioner has continued with the said encroachment. On 28.06.2024 the petitioner asked for one day's time to remove his encroachment but he has not done so till date. 6. The writ petition is devoid of merit. It is dismissed. Order Date :- 20.8.2025 Rahul Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench