Neutral Citation No. - 2025:AHC:35955-DB HIGH COURT OF JUDICATURE AT ALLAHABAD Court No. - 21 Case :- WRIT - C No. - 7463 of 2025 Petitioner :- Pujari Tiwari Respondent :- Executive Engineer And 4 Others Counsel for Petitioner :- Anil Kumar Chaudhary,Om Prakash Yadav Counsel for Respondent :- A.S.G.I.,C.S.C.,Vaibhav Tripathi Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. Sri Vaibhav Tripathi, counsel has appeared on behalf of respondents no. 2 and 5. 2. On mention made by learned counsel for the petitioner that the respondents are threatening to demolish the constructions of the petitioner and have already issued a notice in this behalf on 25.02.2025, we sent for the record of the case and it is being heard in presence of counsel for the petitioner, learned Additional Chief Standing Counsel for the State respondent and Sri Vaibhav Tripathi, counsel for respondents no. 2 and 5. 3. The petitioner has assailed a notice dated 25.02.2025 issued by Assistant Engineer (PWD), National Highway Division, Gorakhpur requiring the petitioner to remove unauthorized constructions over public road (NH- 730 Padrauna-Tamkuhiraj road) by 10.03.2025, otherwise it would be removed by the Authorities. 4. The submission is that the notice is absolutely vague. It does not specify the plot number nor the land over which the respondents claim that road is in existence. It is also submitted that the petitioner is owner of Plot No. 851 and his entire construction exist over Plot No. 851. Had he been given any show cause notice, he would have satisfied the respondents about his title. However, the impugned notice has been issued to the petitioner without seeking his explanation. 5. Sri Vaibhav Tripathi, learned counsel for the respondents no. 2 and 5 very fairly submits that in case any reply is submitted by the petitioner, the same will be decided by respondent no.1 i.e., Executive Engineer, NH Division (PWD), Gorakhpur before taking any action in pursuance of the impugned notice. 6. This in our opinion would subserve the ends of justice. 7. Accordingly, the petitioner is granted two weeks' time to file reply alongwith evidence on which he seeks to rely upon. The first respondent will thereafter fix a date for hearing and will decide objection by a speaking order. The respondents will not take any coercive action against the petitioner on basis of impugned notice until the objection is decided. 8. In case the petitioner fails to file objection within two weeks it shall be open to the respondents to proceed further in the matter without waiting for the reply of the petitioner. 9. The petition stands disposed of accordingly. Order Date :- 11.3.2025 Shubham Arya (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad