HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 9164 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard learned counsel for the petitioners and learned Standing Counsel for the respondents. 2. The petitioners by means of the present writ petition have assailed the notice dated 01.03.2025 issued by the respondent No.4-Assistant Engineer (Nirman Khand), Public Works Department, Kushinagar whereby they have been directed to remove the illegal constructions. 3. Challenging the aforesaid notice, learned counsel for the petitioners has submitted that the petitioners are lawful owner as they have been allotted 0.03 dismal land by the Land Management Committee for constructing the house on 28.09.1975. It is submitted that the petitioners have not encroached upon the land of Public Works Department. Accordingly it is submitted that before issuing any notice dated 01.03.2025, a notice and opportunity of hearing ought to have been given to the petitioners. It is further submitted that the proceeding under Sections 329(1) and 329 (3) of Bhartiya Nyaya Sanhita are illegal and without jurisdiction. 4. This Court on 04.04.2025 passed the following order:- "Even though the communications which have been filed as Annexure No.1 state that they are notices, we do not find that they are sent under any particular provision of law. Learned Standing Counsel may take instructions in the matter. Put up this case as fresh on 24.04.2025 before appropriate Court. Versus Counsel for Petitioner(s) : Arvind Prabodh Dubey, Ritesh Tiwari Counsel for Respondent(s) : C.S.C. Rajesh And 17 Others .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) Till the next date of listing, no coercive action be taken against the petitioner without resorting to any provision of law." 5. Sri Sandeep Kumar Singh, Additional Chief Standing Counsel on instructions which is taken on record states that now a notice dated 19.04.2025 has been issued to the petitioners. The respondent No.4-Assistant Engineer (Nirman Khand), Public Works Department, Kushinagar asking the petitioners to vacate the house constructed by them otherwise a proceeding under Sections 4(1) and 7(1) of the Act, 1972 shall be drawn against them. 6. In view of the fresh notice dated dated 19.04.2025 under Sections 4(1) and 7(1) of the Act, 1972, the notice dated 01.03.2025 has lapsed. 7. Accordingly, the writ petition is disposed off with a direction to the respondent No.4-Assistant Engineer (Nirman Khand), Public Works Department, Kushinagar not to evict the petitioners except following due procedure of law. September 18, 2025 SS WRIC No. 9164 of 2025 2 (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) Digitally signed by :- SUNIL KUMAR SHARMA High Court of Judicature at Allahabad