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2025 DAILYLAW 65225 (ALL)

BRAHMARRISHI DHYANAND NAISTHIK v. STATE OF U.P. AND 2 OTHERS

WRIC/18226/2025 · 2025-07-07

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:107454-DB Court No. - 21 Case :- WRIT - C No. - 18226 of 2025 Petitioner :- Brahmarrishi Dhyanand Naisthik Respondent :- State Of U.P. And 2 Others Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. Present petition has been filed with following prayers: I) issue a writ, order or direction in the nature of certiorari quash the notice dated 22.05.2025, issued by Regional Forest Officer, Mirzapur Range, Mirzapur. II) issue a writ, order or direction in the nature of mandamus directing the respondent no. 3 to not dispossess the petitioner. 2. By the impugned notice, the Regional Forest Officer, Mirzapur Range, Mirzapur, respondent no. 3 herein, has called upon the noticee to remove his constructions from the land of reserve forest as it is an encroachment, failing which, he will have to bear the consequences of the proceedings for eviction and removal of unauthorized constructions. 3. Learned counsel for the petitioner submits that the petitioner is President of the Trust which owns the property. It has not been given any opportunity to submit explanation and there is imminent threat of demolition. 4. Learned Standing Counsel submits that if any reply is filed by the petitioner, it will be duly considered before any action is taken. 5. Accordingly, the writ petition stands disposed of by granting three weeks time to the petitioner to file a detailed reply in response to the impugned notice alongwith supporting evidence before respondent no. 3. The respondent no. 3 will decide the same by a speaking order before taking any action in pursuance of the impugned notice dated 22.5.2025. 6. The decision as may be taken on the reply of the petitioner shall be communicated to the petitioner within one week from the date it is taken, so that the petitioner, if aggrieved thereby, may be in a position to avail legal remedies. . (R.M.N. Mishra, J.) (Manoj Kumar Gupta, J.) Order Date :- 8.7.2025 Dhirendra/ Digitally signed by :- DHIRENDRA KUMAR High Court of Judicature at Allahabad