HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 14622 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE SUDHANSHU CHAUHAN, J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for State-respondents. 2. The petitioner by means of the preset petition has prayed for the following relief:- "(i) Issue a suitable writ, order or direction in the nature of Certiorari quashing/setting aside the impugned notices 30.10.2021 & 08.12.2022 issued by respondent no.3, Assistant Engineer-II, Prantiya Khand, Public Works Department, Bareilly (Annexure-1 & 2 to the writ petition). (ii) Issue a suitable writ, order or direction in the nature of Mandamus interalia, restraining the respondents from interference with regard to the petitioner's building situated at Town and Pargana Shahi, Tehsil & District Bareilly in view of the impugned notices dated 30.10.2021 & 08.12.2022 issued by respondent no.3, Assistant Engineer-II, Prantiya Khand, Public Works Departmenet, Bareilly. (iii) Issue any other writ, order or direction which as the Hon'ble Court may deem fit and proper under the facts and circumstances of the case. (iv) Award the cost of present writ petition in favour of the petitioner." Versus Counsel for Petitioner(s) : Saurabh Srivastava Counsel for Respondent(s) : C.S.C. Athar Hussain .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) 3. The petitioner by means of present writ petition has assailed the notice dated 08.12.2022 by which he has been directed to remove the encroachment made by petitioner. 4. It is contended by the counsel for the petitioner that the petitioner had already approached this Court by filing Writ C No.- 16507/2022, challenging the notice of demolition dated 30.10.2021 issued by Assistant registrar-II, Provincial Division, Public Works Department, Bareilly. It is contended that the said writ petition was disposed of by this Court permitting the petitioner to file objection before the competent authority and further directed the parties to maintain status quo till the objection of the petitioner is decided. The petitioner alleges that the notice dated 08.12.2022 has also been issued on the similar ground on which the earlier notices dated 30.10.2021 & 27.05.2022 were issued in violation of order dated 08.06.2022 passed by this Court in Writ-C No.- 16507/2022. 5. The notice which has been impugned in the writ petition is dated 08.12.2022 about three years have passed but according to the petitioner, respondent has not acted upon the notice nor has demolished the construction of the petitioner. 6. Since there is an order already in favour of the petitioner of status quo in the Writ C No.-16507/2022 till the representation of the petitioner is decided and according to the petitioner representation of the petitioner has not been decided by respondent, therefore, the status quo order is operating in the writ petition. 7. We find that since the impugned notice is dated 08.12.2022 and about three years have passed and no step has been taken by the respondent to proceed for the demolition of house of the petitioner, in such view of the fact we do not find any good ground for interference at this stage in the impugned notice. In case there is a threat to the petitioner of demolition of house WRIC No. 14622 of 2025 2 without complying with the order dated 08.06.2022 of this Court passed in Writ C No. 16507/2022, the petitioner has remedy to file contempt petition under Section 12 of the Contempt of Court Act for compliance of the judgment and order dated 08.06.2022 passed in Writ C No. 16507/2022. 5. Accordingly, writ petition lacks merit and is hereby dismissed with liberty to the petitioner to avail appropriate remedy available under the law in respect to his grievance. October 6, 2025 Virendra WRIC No. 14622 of 2025 3 (Sudhanshu Chauhan,J.) (Saral Srivastava,J.) Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad