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2025 DAILYLAW 170882 (ALL)

MISRI LAL v. STATE OF U.P. THRU. SECY. HOUSING AND URBAN PLANNING AND 3 OTHERS

WPIL/1137/2024 · 2025-02-17

Pankaj Bhatia

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:10185 Court No. - 7 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1137 of 2024 Petitioner :- Misri Lal Respondent :- State Of U.P. Thru. Secy. Housing And Urban Planning And 3 Others Counsel for Petitioner :- Arvind Kumar Shukla,Santosh Kumar Ramakant Upadhyay Counsel for Respondent :- C.S.C.,Ratnesh Chandra,Sanjeev Singh Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the petitioner, Ms. Monika Yadav, Advocate holding brief of SriNamit Sharma, learned counsel for the respondent no. 5, Sri Sanjeev Singh, learned counsel for the respondent no. 3 and perused the record. 2. The present petition has been filed by the petitioner with the following relief: "(I) Issue a writ, order or direction in the nature of mandamus commanding the o.p. no. 1 to 3 to remove the illegal encroachment from the public road by the o.p. no. 4 in the interest of justice." 3. Considering the fact that the alleged encroachment is on the public road, petitioner is permitted to file an application before the respondent no. 5, who shall take action in accordance with the provisions of the statute for removal of the alleged encroachment, if any. Before passing any order, the effected persons shall also be given an opportunity of hearing. 4. The petition is disposed of in terms of the above. Order Date :- 17.2.2025 Arun Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench