HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 7497 of 2025 Court No. - 2 HON'BLE PRAKASH PADIA, J. HON'BLE VIVEK SARAN, J. 1. Pursuant to the order dated 17.3.2025, instructions dated 26.3.2025 provided by the office of the Chief Engineer (Development) and Head of Department, PWD U.P. Lucknow is placed before this Court and the same is taken on record. 2. The petitioners have preferred the present writ petition inter-alia with the following prayer:- "a) Issue a writ, order or direction in the nature of certiorari quashing the impugned notice dated 7.1.2025 issued by Assistant Engineer (IIIrd) Prantiya Khand, Public Work Department, Gorakhpur (Respondent No. 3). b) Issue a writ, order or direction in the nature of mandamus directing the respondents not to take any coercive action against the petitioners in pursuance to the aforesaid show cause notice dated 7.1.2025 and further not to interfere in the peaceful living of the petitioners in the house situated at Gata No. 402A, Khata No. 259 Village Khutbhar, Pargana Unwal, Tehsil Khajani, District Gorakhpur." 3. The petitioners have preferred the present petition challenging the notice dated 7.1.2025 issued by respondent No.3/Assistant Engineer (IIIrd) Prantiya Khand, Public Work Department, Gorakhpur. Copy of the aforesaid notice is appended as annexure no.1 to the writ petition. By the aforesaid Versus Counsel for Petitioner(s) : Satyendra Chandra Tripathi Counsel for Respondent(s) : C.S.C. Lakshmi Raman Tripathi And Another .....Petitioner(s) State Of U.P. And 6 Others .....Respondent(s) notice, the petitioners are directed to vacate the land in question till 13.1.2025 from the date of issuance of notice otherwise proceedings will be initiated against them. 4. It is argued by learned counsel for the petitioners that though the Caption has been given "Notice" but by the aforesaid order, final direction was given to vacate the land in question and the same has been passed without providing any notice or opportunity of hearing to the petitioner which is complete violation of principles of natural justice as well as the law laid down by the Hon'ble Apex Court in Manoj Tibrewal Akash 2024 SCC OnLine SC 3210. It is further argued that the aforesaid notices having civil consequences and has a direction to vacate the land in dispute but the same has been passed/issued without providing any notice or opportunity of hearing. 5. On the other hand, it is argued by learned Standing Counsel for the respondent-State that in case, the petitioners are aggrieved against the notices, they should have submit reply to the aforesaid notices before the concerned competent authority and the authority will take a decision in the matter expeditiously. 6. Heard learned counsel for the parties and perused the record. With the consent of learned counsel for the parties the present petition is disposed of at the admission stage. 7. From perusal of the record, it is clear that by the notice dated 7.1.2025 by the respondent No. 3 with the direction to vacate the property in dispute but the same has been issued without providing any notice or opportunity of hearing, hence the same has been issued in compete violation of principles of natural justice. 8. In this view of the matter, the present petition is disposed of directing the petitioners to submit their separate reply to the notices dated 7.1.2025 annexing all the documents on which they rely upon before the respondent no. 3/Assistant Engineer (IIIrd) Prantiya Khand, Public Work Department, Gorakhpur within a period of four weeks from today along with the certified copy of this order. In case, the petitioners do so, the respondent No.3 will pass appropriate orders in the matter within a period of two months WRIC No. 7497 of 2025 2 thereafter but after providing opportunity of hearing to the petitioners. 9. For a period of three months or till the decision taken on the reply submitted by the petitioner whichever is earlier, no coercive action be taken against the petitioners pursuant to the notice dated 7.1.2025, copy of the same are appended as Annexure No.1 to the writ petition. October 29, 2025 Sushma WRIC No. 7497 of 2025 3 (Vivek Saran,J.) (Prakash Padia,J.) Digitally signed by :- SUSHAMA YADAV High Court of Judicature at Allahabad