HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11080 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE SYED QAMAR HASAN RIZVI, J. 1. This Court had passed the following order on 15.11.2025: "1. Heard learned counsel for the petitioner, learned Standing Counsel, who appears on behalf of State-respondent Nos.1, 4, 5 and Shri Puneet Chandra, learned counsel appearing on behalf of respondent No.2. 2. This petition has been filed with the following prayers :- "A. a writ, an order or direction in the nature of mandamus commanding the respondent authorities to take decision upon pending representation dated 25.09.2025 & 25.10.2025 in the interest of justice. B. To pass such other and further order which may deem to be just and appropriate in the facts and circumstances of the case. C. To award the cost and compensation to the petitioner." 3. Let instructions be sought by Shri Puneet Chandra, learned counsel appearing on behalf of respondent No.2 with regard to the action proposed to be taken for illegal running of commercial activity in residential premises. 4. List this matter on 27.11.2025 as fresh. " 2. Sri Puneet Chandra, learned counsel appearing on behalf of the Uttar Pradesh Awas Evam Vikas Parishad (respondent No.2) has placed before this Court an instructions letter dated 26.11.2025 sent by Executive Engineer, Construction Division, Lucknow, which is taken on record. In the said instructions, it has been stated that the Scooter Garage Nos. 142 to 160 were made available only for the purpose of parking of two-wheelers and not for carrying out commercial activity, therefore, on notice being received of the order passed by this Court and also on going through the representations made by the petitioner, show-cause notices have been issued to the occupiers of Garage Nos. G7/143, G7/145, G7/149, G7/150, G7/151, G7/154, G7/155, G7/156, G7/158, G7/159 and G7/160. The copies of such notices have also Versus Counsel for Petitioner(s) : Sachin Pandey Counsel for Respondent(s) : C.S.C., Anagh Shukla, Namit Sharma, Puneet Chandra Pramod Kumar .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Housing And Urban Planning Lko. And 4 Others .....Respondent(s) been enclosed with the said instructions. 4. Sri Namit Sharma, learned counsel for the respondent No. 5 has appeared on behalf of the Municipal Corporation, Lucknow. He has instructions to say that the Uttar Pradesh Awas Evam Vikas Parishad has proceeded in the matter and the Nagar Nigam, Lucknow has no specific role in the grievance which the petitioner has brought before the Court. However, we find from the instructions itself that it has been mentioned therein that certain services like maintenance of road, drainage, sewer lines etc. have been transferred by Uttar Pradesh Awas Vikas Parishad to the Nagar Nigam, Lucknow, if there is any encroachment on such road/ drainage, sewer line etc. then Nagar Nigam, Lucknow is responsible to take appropriate steps against such encroachers, in accordance with law. 3. Accordingly, this petition is disposed of with a direction to the competent authority to look into the unauthorized use of the said land for commercial purposes and to pass appropriate orders, after initiating proceedings against such occupiers in accordance with law. 5. We also direct to the Municipal Commissioner, Nagar Nigam, Lucknow to send a team for inspection of all the roads, drains and sewer lines of the area in question and if any encroachment is found, the said encroachment, if temporary, may be removed after issuing show-cause notice(s) to the concerned, and if it is permanent construction, then proper proceedings be initiated against such encroachers under Section 296 of the Municipal Corporation Act, 1959. November 27, 2025 (Manoj K.) WRIC No. 11080 of 2025 2 (Syed Qamar Hasan Rizvi, J.) (Mrs. Sangeeta Chandra, J.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench