Neutral Citation No. - 2025:AHC:129101-DB Court No. - 40 Case :- WRIT - C No. - 19373 of 2025 Petitioner :- Suresh Chandra Baranwal And 8 Others Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Girjesh Kumar Srivastava,Kumar Ashutosh Srivastava,Nagendra Pratap Singh Counsel for Respondent :- C.S.C.,Ravi Kumar Shukla Hon'ble Saral Srivastava,J. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard learned counsel for the petitioners, learned Standing Counsel for respondent nos.1 to 3 and Sri Ravi Kumar Shukla, learned counsel for respondent nos.4 & 5. 2. The petitioners by means of the present petition have assailed the order/notice dated 21.05.2025 issued by the respondent no.5- Executive Officer, Nagar Palika Parishad Deoria. 3. This Court on 09.06.2025 passed the following order:- "Contention of learned counsel for the petitioners is that in the garb of notice, the petitioners have been directed to remove their constructions. No opportunity to submit any reply had been afforded to the petitioners. Matter requires consideration. Respondent nos. 1, 2, 3 are represented by learned Standing Counsel. Notice on behalf of respondent nos. 4 and 5 has been accepted by Sri Ravi Shukla. Put up this case on 12.6.2025, as fresh. Since we find from the order/notice that absolutely no opportunity to reply has been given to petitioners, we provide that that till the next date of listing, status-quo as of today, shall be maintained. 4. Learned counsel for the petitioners has contended that the construction of the petitioners are lying over the disputed land, and according to the petitioners, they have left 50 ft. from the middle of the road in front of their houses and the houses of the petitioners have been constructed as per the sanctioned map, therefore, the respondent Nagar Palika Parishad has wrongly measured 50 ft. from the middle of the road. 5. Sri Ravi Kumar Shukla, learned counsel for the respondents would contend that as per the Government Order, the petitioners have to raise construction after leaving 50 ft. from the middle of the main road, whereas the petitioners have raised the construction at 39.9 ft. from the middle of the road instead of 50 ft., therefore, Nagar Palika Parishad, Deoria is removing the encroachment of the petitioners. 6. Considering the aforesaid contention advanced by the learned counsel for the parties, we are of the opinion that since the claim of the petitioners that they have raised the construction over the land as per the sanctioned map, therefore, there is no encroachment done by the petitioners, the impugned order/notice entail civil consequences, therefore, the petitioners deserve an opportunity of hearing by the respondents before making any demolition. 7. In such view of the fact, the writ petition is disposed off permitting the petitioners to file a detailed separate representation against the aforesaid notice within a period of three weeks from today before the respondent no.5-Executive Officer, Nagar Palika Parishad Deoria, who shall consider and decide the same within a further period of three weeks from the date he receives the representation strictly in accordance with law after giving due notice and opportunity of hearing to all the concerned parties. 8. Till the disposal of the representation or for a period of two months from today, whichever is earlier, the parties are directed to maintain status-quo as of today. Order Date :- 1.8.2025 NS (Arun Kumar Singh Deshwal,J) (Saral Srivastava,J.) Digitally signed by :- NITIN KUMAR High Court of Judicature at Allahabad