HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10964 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for the State Respondents and Sri Pankaj Patel, learned counsel appearing on behalf of the opposite party no.3. 2. This petition has been filed with the following main prayer:- "(I) Issue a writ, order or direction in the nature of Mandamus commanding and directing the opposite parties nos. 2 to 4 to remove the illegal and unauthorized construction raised by opposite party no. 5 and 6 situated, 8-10-116, Naka Mazaffra, Parikrama Marg, Ramnagar Road, Ayodhya, in the interest of justice." 3. In view of the order proposed to the passed issuance of notice to the opposite parties no. 5 & 6 is dispensed with. 4. It is the case of the petitioner that the petitioner is the owner of a house-cum-Shop No. 8/10/77-18, situated at Parikrama Marg, Ramnagar Road, Ayodhya, which comes under the jurisdiction of Ayodhya Development Authority. Right next to the petitioner's house-cum-shop there is an old land and a drain line under such drain between the house of the petitioner and the opposite parties no. 5 & 6. The opposite parties no. 5 & 6 are started raising construction of their house and have encroached upon the passage/drain and constructed a RCC roof over it, attaching their Versus Counsel for Petitioner(s) : Rajeev Mishra, Kirti Mishra, Mool Shankar Mishra Counsel for Respondent(s) : C.S.C. Vijay Kumar Pandey .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Housing And Urban Planning Lko. And 5 Others .....Respondent(s) own structure to the petitioner's wall and thereby obstructed the passage and cleaning of drain. The unauthorized construction affects the rights of the petitioner to use the passage and drain. 5. The petitioner being aggrieved has submitted written complaints to the Ayodhaya Development Authority, District Magistrate and Senior Superintendent of Police on various dates, copies of which have been filed as Annexures No. 4, 5, 6 and 7 to the writ petition. Coloured photographs of the structure being raised by the opposite parties no. 5 & 6 covering the passage/drain has been filed alongwith the writ petition. 6. Learned counsel appearing on behalf of the Ayodhaya Development Authority has produced before this Court a notice issued under Section 27(1) of the Uttar Pradesh Urban Planning and Development Act, 1973 read with Section 28(1) and 26(2) of the said Act. The inspection was carried out on 07.11.2025 of unauthorized constructions being made, the respondents no. 5 & 6 could not show any approved building map of the constructions being raised by them. The Prescribed Authority has asked them to stop construction which they are making immediately and in case continued construction they were liable to pay penalty which may extent to Rs.50,000/-. 7. The copy of said notice is kept on record. 8. Accordingly, this writ petition is disposed of with a direction to the Ayodhaya Development Authority/opposite party no.3 to take appropriate action in the matter as expeditiously as possible by ensuring service upon the respondents no. 5 & 6 of all notices with time date and place of hearing. November 18, 2025 Darpan Sharma WRIC No. 10964 of 2025 2 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench