Neutral Citation No. - 2025:AHC:115599-DB Court No. - 29 Case :- WRIT - C No. - 20563 of 2025 Petitioner :- Mohd. Ibrahim Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Manish Kumar Pandey Counsel for Respondent :- C.S.C.,Gautam Dubey Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the petitioners, learned Additional Chief Standing Counsel for the State-respondents and Shri Gautam Dubey, learned counsel for the respondent No.3 - Nagar Palika Parishad Nijibabad. 2. In view of the order we propose to pass, no notice is required to be issued to respondents Nos.4 to 6. 3. This writ petition is preferred for following principal relief: "(i) Issue a writ, order or direction in the nature of mandamus directing the respondent no. 2 to take appropriate action upon the complaint filed by the petitioner dated 02-02- 2022 before the respondent no. 2 against the sanction of map granted by the respondent no. 2 dated 11-01-2022 under The U.P. (Regulations of Building Operations) Act, 1958 upon the application dated 06-01-2022 bearing file no. 492/2021-22 submitted by the respondent no. 4, 5, 6 and one another for their proposed construction of house situated in Mohalla Pathanpura, Kasba. Najibabad, COMM/District- Bijnor." 4. Learned counsel for the petitioner submits that pursuant to the complaint dated 02.02.2022, respondent no. 3 conducted a spot inspection and submitted a report dated 25.04.2022 highlighting discrepancies in the boundary and the withdrawal of the "No Objection Certificate". Despite issuance of a show-cause notice dated 21.05.2022 by respondent no. 2, respondent nos. 4 to 6 neither responded nor submitted ownership documents. It is alleged that they have encroached upon the eastern nali and rasta, thereby blocking the petitioner’s only access. However, no remedial action has been taken by respondent no. 2, causing serious hardship to the petitioner. 5. Learned counsel for the respondent - Nagar Palika Parishad Nijibabad submits that the brother of private respondent nos. 4 to 6 had earlier invoked writ jurisdiction in Writ-C No. 36506 of 2024 (Sardar Jameel vs. State of U.P. and Others), challenging the notice issued by the competent authority regarding the same illegal construction. As the notices have already been issued in that writ petition. It is further submitted by learned counsel for the petitioner that Sardar Jameel has since passed away, and till date, no substitution application has been filed therein. Hence, there is no impediment in proceeding with the demolition by the competent authority against respondent nos. 4 to 6. It is submitted that the matter will be finalized in accordance with law. 6. Considering the nature of relief sought by the petitioner, we are not inclined to adjudicate the matter at first hand. However, we hope and trust that the grievance of the petitioner shall be addressed by the competent authority in accordance with law after providing an opportunity of hearing to all stakeholders, especially respondent nos. 4 to 6. 7. With the aforesaid observations, the writ petition is disposed of. Order Date :- 17.7.2025 NLY Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad