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Neutral Citation No. - 2025:AHC:66208-DB Court No. - 39 Case :- WRIT - C No. - 12985 of 2025 Petitioner :- Anwar Ali Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashok Kumar Dwivedi,Shiv Sagar Singh Counsel for Respondent :- C.S.C. Hon'ble Arindam Sinha,J. Hon'ble Avnish Saxena,J.
1. Mr. Shiv Sagar Singh, learned advocate appears on behalf of petitioner and submits, his client has challenged order dated 14th February, 2025 passed by Sub Divisional Magistrate regarding construction being made in his property. Private respondent no.3 lodged complaint, purportedly on basis of which his client was called for hearing on 14th February, 2025. Without any opportunity of knowing what was the complaint for replying thereto, this order was made interfering with his client's construction. On query he submits, the notice was by invoking section 152 in Bhartiya Nyay Suraksha Sanhita (B.N.S.S.), 2023.
2. Mr. Ambrish Shukla, learned advocate Additional Chief Standing Counsel appears on behalf of State and submits, it is private dispute between petitioner and respondent no.3. Impugned order/ communication does not restrain petitioner in any way.
3. On clarification received from State that impugned communication does not put any restraint on petitioner on construction, there is no necessity for us to direct issuance of notice to respondent no.3. Petitioner has clarification from State regarding impugned order. Thus he has his relief.
4. The writ petition is disposed of. Order Date :- 29.4.2025 Abhishek Sri. (Arindam Sinha,J.) (Avnish Saxena,J.) Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad