HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8976 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the petitioner and learned Standing counsel for the State Respondents 2. This petition has been filed with the following main prayer:- "(i). Issue a writ order or direction in the nature of certiorari thereby quash the impugned notice dated 21.08.2025 issued by the opposite party no. 4 by which it was directed to the petitioner for eviction of encroachment/unauthorised occupation from the land of Public Works Department with 15 days after receiving the notice dated 21.08.2025 contained as Annexure no. 1 in the interest of justice." 3. It is the case of the petitioner that the shop of the petitioner is registered in the name of Mayank Traders situated at Main Chauraha, Beniganj Hardoi. There are shops of other people adjacent to the petitioner's shop. Such shop has been running for several years. The petitioner's shop does not fall within the area of any road and therefore, the impugned notice for removing encroachment issued by the respondent no.4 is malicious and has been issued for extraneous consideration at the behest of one Deepak Kumar, who is inimical to the petitioner because the petitioner has lodged three FIR's against him. 4. Learned Standing Counsel has produced before this Court instructions sent by Executive Engineer, Provincial Division, P.W.D. Hardoi dated 08.09.2025, wherein it has been stated that Sandila Beniganj Marg is at Main District Marg No.-27C and at Km.28 Chainege-27.700 to 27.900, the road has been measured and from the centre of the road, right of way has been determined that 11 mts on each side, the petitioner has set-up shop by constructing a tin- shed. The P.W.D. right of way is being affected. The petitioner was issued notice on 21.08.2025 for removing such encroachment. Versus Counsel for Petitioner(s) : Vinay Kumar Dubey Counsel for Respondent(s) : C.S.C. Lave Kumar Mishra .....Petitioner(s) State Of U.P. Thru. Its Prin. Secy. P.W.D. Lko. And 4 Others .....Respondent(s) 5. It is stated that under The Uttar Pradesh Road Side Land Control Act 1945, Rules of 1964 have been notified and under Rule 7, the Regulated Area with respect to category-wise, National and Provincial Highways, Major District Roads and Other District Roads, Village Roads, Cement Concrete Tracks, Motor Roads (in hills) and Bridle Roads (in hills) has been determined. Sandila Beniganj Marg is a Major District Road and the petitioner's shop/tin-shed is situated within the right of way/Regulated Area which has been measured from the Centre of the District Road. 6. Earlier also, the encroachment was removed from Sandila Beniganj Marg. Notice was issued on 10.10.2024 and petitioner was asked to remove his encroachment, he did not remove such encroachment. Again such notice has been issued on 21.8.2025 to remove such encroachment. 7. Instructions, so filed, are kept on record. 8. We find no good ground to show interference as prayed for in this writ petition. 9. The writ petition is dismissed. September 12, 2025 Pks WRIC No. 8976 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench