HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10706 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J. This writ petition has been filed with the following main prayers :- "(i) A writ, order or direction in the nature of Mandamus to quash the impugned notice dated 22.07.2024 issued by the Zonal Officer/ Nagar Bhiyanta (Encroachment Wing), Zone -13, Gomti Nagar, Lucknow Nagar Nigam, Lucknow i.e. respondent no.3. (ii) An order or direction in the nature of mandamus commanding the opposite parties to refrain from interfering with the petitioner society's peaceful possession, management, and use of the public toilet structure, constructed under the Agreement, for remaining period out of 15 year contract, or until the Contract is lawfully terminated in accordance with the due process of law." It is the case of the petitioner that the petitioner had applied for running public toilets on public private partnership model on the basis of advertisement issued by Nagar Nigam, Lucknow. The petitioner was granted licence on 14.07.2016 and agreement was signed on 18.07.20216 for construction and maintenance of public toilets on the basis of DBOT model for a period of 15 years. The sites that were identified by the Nagar Nigam for constructing the public toilets were handed over to the petitioner. Foundation stone, in fact, was laid by Chief Engineer and the Nagar Ayukt of the Nagar Nigam, Lucknow. All of a sudden a notice dated 22.7.2024 has been issued by the Zonal Officer, Versus Counsel for Petitioner(s) : Himanshu Shekhar, Kirti Vardhan Shukla Counsel for Respondent(s) : C.S.C., Namit Sharma M/S Nagariya Avam Gramin Vikas Sansthan Thru. President/Secy. Shri Sushil Jha .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Urban Development Deptt. Lko. And 3 Others .....Respondent(s) Nagar Abhiyanta, Lucknow Nagar Nigam which has not been properly addressed to the petitioner but which indicates that Nagar Nigam proposes to demolish the 38.28 square meters ramp/ railing/ grill where the petitioner constructed a public toilet and granted the aforesaid land for constructing a ramp/ railing etc thereon and such encroachment be removed by the petitioner itself or else penalty will be charged @ Rs. 50 square feet and an amount of Rs.22,968/- has been proposed to be recovered from the petitioner. The petitioner has made a representation to the Zonal Officer / Nagar Abhiyanta on 29.7.2024, copy of which has been filed as Annexure No.5 to the petition indicating that the site in question had been given by the Nagar Nigam itself and that he has only constructed public toilet on the area earmarked for the same. The counsel for the petitioner states that his representation has been undecided till date, hence, this petition has been filed with aforesaid prayers. Counsel for the Nagar Nigam has stated that only telephonic instructions have been given to him. We dispose of this petition with the direction to respondents no.3 to consider the representation of the petitioner and pass a reasoned and speaking order thereon within a week from the date copy of this order is produced before him. November 7, 2025 mks WRIC No. 10706 of 2025 2 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench