PANCHDEV @ PANCHAM BHARTI AND 5 OTHERS v. STATE OF U.P. AND 3 OTHERS
WRIC/5894/2025 · 2025-04-07
Ashwani Kumar Mishra, Donadi Ramesh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 23956 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 23956 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:50247-DB Court No. - 29 Case :- WRIT - C No. - 5894 of 2025 Petitioner :- Panchdev @ Pancham Bharti And 5 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajendra Prasad,Satya Prakash Shukla Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. This petition is directed against a notice issued by the officials of the Public Works Department, Mirzapur, whereby petitioners have been called upon to remove their encroachment from the land in question. Petitioners state that they are recorded tenure holders of plot no. 169 Gha and have not encroached upon any State land. Taking cognizance of such grievance, we invited instructions from the respondents. Written instructions have been received from the officials of the concerned department, which are taken on record. As per the instructions, plot no. 146 is a State land, on which a road has already been constructed. On the road-side land, a drain is being constructed and during such construction, it has come to the notice of the authority that 48 persons have unauthorizedly raised construction over plot no. 146. Accordingly, notices have been issued to such 48 persons. Out of these 48 persons, 20 persons have removed their encroachment, but remaining 28 persons are still in unauthorized occupation over the land in question.
Learned counsel for the petitioners disputes the assertions made by the respondent counsel on the strength of the instructions received in the matter.
Though, the respondents assert that the plot no. 146 is a State land, on which the encroachment is made but the notice is absolutely silent with regard to the plot on which alleged encroachment has been made. Until the notice specifies the plot number on which the alleged encroachment is made, it would be difficult for anyone to respond to such notice. The direction to remove construction without specifying the land or the nature of alleged encroachment would serve no useful purpose and such notice cannot be treated to be a valid notice on the strength of which the authorities of the State can proceed. It is also not disputed by the State counsel that in all notices under challenge, no plot numbers are mentioned. In such circumstances, we find substance in the contention of the petitioners that plot numbers since are not specified, as such the notice is vague and cannot constitute any basis for the State authority to proceed against the petitioners. Consequently, the impugned notices contained in annexure-1 to the writ petition, are quashed. Liberty stands reserved to the State authority to issue a fresh notice by specifying plot number and the nature of encroachment attributed to the petitioners to which the petitioners will have appropriate opportunity to submit their reply. It will be open for the authority to proceed further by passing reasoned order in the matter. It is also made clear that if there is any dispute of demarcation, the District Magistrate shall ensure that a revenue team is constituted which will inspect the site and demarcate the land after notice to the alleged encroachers. The writ petition is, accordingly, disposed of.
Order Date :- 8.4.2025 Noman Digitally signed by :- NOMAN AHMAD High Court of Judicature at Allahabad