SUSHIL KUMAR TRIPATHI v. STATE OF U.P. AND 3 OTHERS
WRIC/17239/2025 · 2025-05-26
Anish Kumar Gupta, Manoj Kumar Gupta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 63334 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 63334 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:89987-DB Court No. - 21 Case :- WRIT - C No. - 17239 of 2025 Petitioner :- Sushil Kumar Tripathi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Neelabh Srivastava,Shri Krishna Das Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J.
1. The sole prayer made in the writ petition is for issuing direction to respondents no.2 and 4 to decide the representation of the petitioner dated 15.05.2025 within stipulated period and not to dispossess the petitioner from his house in the meantime.
2. The petitioner has been issued a notice on 09.04.2025 by Assistant Engineer, Provincial Division, PWD, Karwi, Chitrakoot requiring the petitioner to remove alleged illegal constructions made over the government land failing which, proceedings under Section 4 of the U.P. Public Premises (Eviction of Unauthorized Occupants) Act, 1972 would be initiated against him.
3. The case of the petitioner is that the petitioner has already replied to the said notice but without taking any decision, the respondents are threatening to demolish the house of the petitioner.
4. Shri Rajiv Gupta, learned Additional Chief Standing Counsel submits that the representation would be decided by respondent no.4, who has issued the impugned notice.
5. Accordingly, without expressing any opinion on merits, the writ petition is
disposed of with direction to respondent no.4 to decide the representation dated 15.05.2025 within six weeks from the date of communication of the instant order alongwith photocopy of the notice dated 09.04.2025 and the reply/representation dated 15.05.2025.
6. The petitioner shall file the instant order before respondent no.4 within two weeks from today. It is further provided that, in case, the order is communicated to the Authority within two weeks, as stipulated above, no coercive action shall be taken against the petitioner on basis of the impugned notice till the representation is decided. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.)
Order Date :- 27.5.2025 Ankit. Digitally signed by :- ANKIT VISHWAKARMA High Court of Judicature at Allahabad