Neutral Citation No. - 2025:AHC:19904-DB Court No. - 21 Case :- WRIT - C No. - 3866 of 2025 Petitioner :- Abrar Ali Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Harish Chandra Counsel for Respondent :- C.S.C.,Pranjal Mehrotra Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The instant petition has been filed praying for quashing of the notices dated 3.10.2023 and 26.12.2024 issued by respondent no. 4 in purported exercise of powers under Section 22(2) of the Control of National Highways (Land and Traffic) Act, 2002 and to restrain the respondents from demolishing the shop of the petitioner situated on Gata no. 700 in pursuance of the said notices. 2. The case of the petitioner is that he is owner of shop situated over Gata no. 700 and has valid title over the same. He was issued a notice on 3.10.2023 by respondent no. 4 stating that he had raised unauthorized constructions between kilometers 128.500 and 128.700 of National Highway which is part of Gata no. 689 and he should remove the same forthwith failing which it would be demolished. The petitioner submitted a detailed explanation on 10.10.2023 stating that his shop is not situated over plot no. 689 but over plot no. 700. However, without taking any decision on his objection, respondent no. 4 has served another notice on 26.12.2024 on the petitioner reiterating the allegations made in the previous notice. The petitioner was also given three days time to reply to the same. It is submitted that since the petitioner had already replied to a previous notice and therefore, respondent no. 4 should decide the same and it cannot be permitted to demolish the shop of the petitioner without deciding his objection. 3. Sri Pranjal Mehrotra, learned counsel appearing on behalf of respondent no. 4 very fairly states that respondent no. 4 would take a decision in the light of the objection filed by the petitioner and until the same is decided, will not take any coercive action in pursuance of the impugned notices. 4. Accordingly, the petition stands disposed of in terms of the statement made by learned counsel for the respondent no. 4. The respondent no. 4 -Project Director, NHAI, Moradabad will pass a speaking order taking into consideration the objection of the petitioner dated 10.10.2023 by treating it to be objection against notice dated 26.12.2024 and until the same is decided, the respondent no. 4 will not take any coercive action in pursuance of the impugned notices. Order Date :- 11.2.2025 Mukesh Kr. (Anish Kumar Gupta,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- MUKESH KUMAR High Court of Judicature at Allahabad Digitally signed by :- MUKESH KUMAR High Court of Judicature at Allahabad