HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 17479 of 2018 Court No. - 2 HON'BLE PRAKASH PADIA, J. HON'BLE VIVEK SARAN, J. 1. Heard Sri Ashwani Kumar Mishra, learned counsel for the petitioners and learned Standing Counsel for the State-Respondents. 2. The petitioners have preferred the present writ petition inter-alia with the prayer to quash the order dated 24.03.2017 passed by respondent Sub- Divisional Officer as well as order dated 03.04.2018 passed by respondent Executive Engineer. 3. On 16.05.2018, this Court while granting time to the learned Standing Counsel had passed the following order:- "Learned Standing Counsel wants some time to file counter to the writ petition. Time prayed for is allowed. Let this writ petition be listed in first week of August, 2018. In the meanwhile and until further orders, the respondents are restrained from effecting any recovery from the petitioner in pursuance to the orders impugned dated 24th March, 2017 passed by the Sub-Divisional Officer, Sadar, Muzaffar Nagar (annexure no.2) and the order dated 3rd April, 2018 passed by the Executive Engineer, Construction Division-Ist, Public Works Department, Muzaffar Nagar." 4. The learned counsel for the petitioners submits that as per the impugned order a direction for recovery of Rs.22,32,000/- has been made from the petitioners on the basis of an ex-parte report prepared by the Lekhpal, although the petitioners have neither encroached upon the khasra no.188 nor have made any construction. It is further argued that the orders impugned have been passed without giving any notice or opportunity to the petitioners. Versus Counsel for Petitioner(s) : Ashwani Kumar Mishra Counsel for Respondent(s) : C.S.C., Sushil Kumar Pandey, Satyendra Narayan Singh Mool Chandra Singh @ Moni And Another .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) The counsel for the petitioners specifically relied upon para no.11 of the writ petition which reads as under:- "That since petitioners have no concern over shops allegedly constructed over khasra no.188 and even no construction was ever made by them over any plot adjacent to khasra no.188 and more over no notice whatsoever was served to them by any of the respondents towards dispossession over alleged shops therefore petitioners were completely aloof from aforesaid impugned orders as well as proceedings of dispossession if any initiated by respondents over alleged shops." 5. Per contra, learned Standing Counsel submits that the report dated 28.02.2017 has been prepared as per law and since the petitioners have encroached upon the Government land and have constructed shops as such they are liable to damages which has been quantified in the impugned orders and the recovery is wholly valid. The contention of learned counsel for the petitioners that no notice or opportunity has been given to them has not been specifically denied in the counter affidavit filed on behalf of the State. A cursory reply has been given, no documents have been brought on record to demonstrate as to whether any notice was issued or served upon the petitioners. 6. In view of the matter and in the interest of justice, the petitioners are at liberty to represent before the respondent no.2 within a period of four weeks from today ventilating their grievances along with all the supporting documents which they desire. In the event such representation is filed, the respondent no.2 is directed to decide the same within a period of four weeks thereafter in accordance with law by a speaking order. 7. For a period of two months, no recovery would be effected from the petitioners. The orders impugned in the writ petition shall be subject to final order passed by the respondent no.2. 8. It is made clear that this Court has not adjudicated the merits of the matter. 9. With the aforesaid observations the present petition is finally disposed of. 10. No order as to cost. October 13, 2025 Gaurav Kuls WRIC No. 17479 of 2018 2 (Vivek Saran,J.) (Prakash Padia,J.) Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad