HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 25595 of 2025 Court No. - 1 HON'BLE NEERAJ TIWARI, J. HON'BLE VIVEK KUMAR SINGH, J. 1. Learned Standing Counsel has produced instruction dated 12.09.2025, which is taken on record. 2. Heard Shri Manish Singh, learned counsel for the petitioner and learned Standing Counsel for the respondents. 3. The petitioner by means of the present writ petition has assailed the notice dated 22.07.2025 issued by the Assistant Engineer, Provincial Division, Public Works Department, Varanasi, by which he has directed the petitioner to remove the encroachment on road. 4. Challenging the aforesaid notice, learned counsel for the petitioner has contended that the impugned notice is without jurisdiction inasmuch as in the instant case, no proceeding under the Prevention of Damage of Public Property Act,1984 can be initiated as the dispute will come under the periphery of Uttar Pradesh Public Premises (Eviction of Unauthorized Occupants), Act, 1972 (hereinafter referred to as the 'Act, 1972), and therefore, the impugned notice is without jurisdiction. He further submits that under the Act, 1972, it is only the Prescribed Authority who is conferred with the power to issue such notice, therefore, the impugned notice is without jurisdiction. 5. Learned Standing Counsel submitted that in fact the petitioner has encroached upon the govt. land and therefore, the notice has been issued Versus Counsel for Petitioner(s) : Manish Singh, Sushma Singh Counsel for Respondent(s) : C.S.C. Waqf Mazaar Hazrat Mukhtar Ali Shah @ Latshahi Baba .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) under the Prevention of Damage of Public Property Act, 1984. Accordingly, it is submitted that there is no illegality in the notice. 6. We have perused the impugned notice and find that only two days' time has been given to the petitioner to remove encroachment. We find that reasonable opportunity of hearing has not been given to the petitioner to submit objection. 7. Accordingly, we dispose off the writ petition permitting the petitioner to file a detailed representation/objection to the notice dated 22.07.2025 including the question of jurisdiction of the authority to issue such notice, within a period of one month from today before the respondent no.3- Assistant Engineer, Provincial Division, Public Works Department, Varanasi. On filing the said representation/objection, the respondent no.3 shall consider and decide the same strictly in accordance with law after following the principle of natural justice and after supplying all the materials which are to be relied upon by the respondent no.3 against the petitioner in consideration of the representation of the petitioner within a period of one month thereafter. 8. For a period of two months from today or till the disposal of representation/objection of the petitioner, whichever is earlier, the disputed construction shall not be demolished, and petitioner shall not be evicted. October 14, 2025 ADY WRIC No. 25595 of 2025 2 (Vivek Kumar Singh,J.) (Neeraj Tiwari,J.) Digitally signed by :- AMAR DEEP YADAV High Court of Judicature at Allahabad