Neutral Citation No. - 2025:AHC:130714-DB Court No. - 29 Case :- WRIT - C No. - 9724 of 2025 Petitioner :- Dr. Guru Dutt And 34 Others Respondent :- State Of Uttar Pradesh And 10 Others Counsel for Petitioner :- Anil Kumar,Ashok Kumar Upadhyay,Samsher Chandra Tripathi,Sr. Advocate Counsel for Respondent :- Anurag Sharma,A.S.G.I.,C.S.C.,Nagesh Kumar Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Jitendra Kumar Sinha,J. 1. Heard Sri Rakesh Pandey, learned Senior Advocate assisted by Sri Ashok Kumar Upadhyay, learned counsel for the petitioners, Sri Anurag Sharma, learned counsel for Northern Railway, Sri Nagesh Kumar, learned counsel for the respondent nos. 3 and 8 and Sri Fuzail Ahmad Ansari, learned Standing Counsel for the State. 2. Instant writ petition has been preferred for quashing the public notice dated 18.1.2025 and connected public notice dated 21.1.2025 published in the daily news paper Amar Ujala by the respondent nos. 5 and 8. 3. Learned counsel for the respondent submitted that present writ petition is premature at this stage as the public notice has been issued indicating therein that land is to be acquired for construction of four lane road over bridge (construction of road over bridge) at level crossing 15 Spl. (Modi Nagar) 4. Sri Anurag Sharma, learned counsel for the railways has submitted that the road over bridge is proposed at level crossing 15 spl. (Modi Nagar) on cost sharing basis between Ministry of Railways and State Government. The railway boundary is 36.27 meter on both sides of the track and railway will construct ROB within the railway boundary on the existing level crossing in which there is no encroachment or any structure. The construction of ROB outside railway boundary is under the purview of State Government i.e. UPSBCL. The structures of all petitioners are outside the railway boundary and their land will be acquired by State Government for construction of approaches. 5. Sri F.A. Ansari, learned Standing Counsel for the State submits that at this stage the writ petition is not maintainable as the petitioners have invoked the writ jurisdiction challenging the notice impugned, whereby only a proposal has been moved for the construction of four lane road over bridge at level crossing 15 Spl. (Modi Nagar), wherein, it is not even suggestion of any such demolition to be carried out. He fairly submits that in case, the land or the property of the petitioners are to be required, the same, would be acquired either through mutual agreement or by acquisition under the relevant law. 6. Considering the factual circumstance and the notice, we find at this stage no such direction is required. However it is clarified the lease holders shall not be evicted except in accordance with law. 7. With the aforesaid observation, instant writ petition stands disposed of. Order Date :- 4.8.2025 SY Digitally signed by :- SUSHAMA YADAV High Court of Judicature at Allahabad