HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10066 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J. This petition has been filed with the following prayers :- Issue a suitable writ, order or direction in the nature of Mandamus commanding the respondent nos.1, 7 and 8 to immediately restore the 4 meter wide public road in front of the petitioner’s House no.2/339/35, Awas Vikas Colony, Barabanki, to its original condition, and to undertake necessary repairs to the underground septic/ safety tank damaged during the unauthorized demolition carried out on October 4, 2025. i. Issue a suitable writ, order or direction in the nature of Certiorari, quashing the entire illegal and arbitrary demolition/ bulldozer action undertaken by the Nagar Palika Parishad officials (Respondent Nos. 2, 3, 4 and 5) on October 4, 2025, which was carried out without any authority, notice or jurisdiction. ii. Issue a suitable writ, order or direction in the nature of Mandamus commanding the Respondent authorities to refrain from interfering with the lawful possession and access of the Petitioner’s property and to ensure that no illegal construction, iii. Versus Counsel for Petitioner(s) : Arshad Siddiqui, Devanshu Pratap Singh Counsel for Respondent(s) : C.S.C., Aftab Ahmad, Ratnesh Chandra Manish Kumar Verma .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Urban Development Deptt. Lko. And 7 Others .....Respondent(s) such as the proposed drain, is allowed on the official road land. Issue a suitable writ, order of direction commanding an inquiry into the connivance and misuse of power by Respondent Nos.2, 3, 4, 5 and 8 with private respondent no.6 and direct appropriate disciplinary action against the erring officials. iv. Direct the respondents to pay adequate compensation to the petitioner for the financial loss and great mental trauma suffered due to the unauthorized and high handed action of demolition.” v. We have heard learned counsel for the petitioner, learned Standing Counsel who appears for the State - respondent, Shri Aftab Ahmad who appears for Nagar Palika Parishad, Barabanki, the opposite party no.2. It is the case of the petitioner that he is a Government Teacher by profession and he purchased the house in the colony developed by Awas Evam Vikas Parishad, Barabanki through registered sale deed. As per the site plan issued by Avas Evam Vikas Parishad the petitioner's plot included a 4 meter wide portion in front forming part of his lawful plot area. This 4 meter wide area had a septic tank which was never removed by the Awas Vikas. Revised pradeshan patra/ allotment order was later issued reducing the total area of the petitioner's plot and also changing the petitioner's front from east to north direction. The petitioner's property is the last house in a colony and immediately and towards the west of it lies the private land of one Shri Sharma Ji who had also constructed his boundarywall. There exist no public road or right of way towards west side as per the official Avas Vikas lay out plan for the colony. The entire land towards the west of the petitioner house belongs to private person and does not form part of Awas Vikas Colony. WRIC No. 10066 of 2025 2 One private person Sumit Agarwal made a forged complaint to the Nagar Palika Parishad claiming non existent drain/ nali from the west side of the petitioner's plot over 4 meter wide portion has been obstructed by the petitioner. Respondent no2's employees approached the area on 04.10.2025 at about 03:45 PM and without any prior notice or written order demolished the 4 meter wide portion of the road with the bulldozer with the help of the police chowki incharge. The entire bulldozer action or was arbitrary. No notice was given to the petitioner. The petitioner was also not present in the house as he was in gram Semra, Post Jahangirabad, District Barabanki. The CCTV cameras in the petitioner's house captured the incident showing deliberate demolition of the petitioner's construction by the officials of the Nagar Palika Parishad, hence, this petition has been filed with the aforesaid prayers. Counsel for the respondent no.2 placed before this Court instructions sent by Executive officer wherein is enclosed a complaint dated 21.09.2025 made to the Executive Engineer, Nagar Palika parishad, Nawabganj, Barabanki complaining that because of pucca chabutara/ slab laid by the petitioner over the existing nali/ drain, waterlogging has resulted in the neighbouring houses leading to seepage and other public nuisance. A request has been made to remove the ‘pucca chabutara’ built by the petitioner. We have gone through the complaint and also through the photographs enclosed with the said instructions. We have also gone through the coloured photographs filed by the petitioner himself at page 49 onwards of the paper book. It is evident as pointed out by Shri Aftab Ahmad that the petitioner has constructed a chabutara/ slab that has obstructed the drain/ nali which was already in existence. The obstruction has been removed by the respondent no.2. WRIC No. 10066 of 2025 3 Counsel for the respondent no.2 has also pointed out from page 43 of the paper book that site plan of house no.2/339/35 Obri Yojna, Barabanki issued by Avas Vikas Parishad, Construction Division, Lucknow shows a 4 meter wide road towards the north of the house of the petitioner. It has been submitted that this 4 meter wide road has been covered by the petitioner by constructing his chabutara/ laying the slab over it and he has also covered the adjacent nali/ drain. Instructions are kept on record. We find no good ground to show interference in the action of respondent no.2. Writ petition is dismissed. October 14, 2025 mks WRIC No. 10066 of 2025 4 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench