Neutral Citation No. - 2025:AHC:132352-DB Court No. - 21 Case :- WRIT - C No. - 22701 of 2025 Petitioner :- Totaram Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Devesh Kumar Shukla,Dharmesh Kumar Shukla Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. The petitioner has assailed a notice dated 12.06.2025 issued by respondent No. 3 stating that the petitioner has made encroachment over National Highway No. 731-K at Kilometer 88 on right side by constructing a house. The petitioner has been called upon to remove the same within fifteen days, failing which, the illegal encroachment/possession will be removed and the expenses incurred in this behalf would be recovered from the petitioner. 2. The case of the petitioner is that the house of the petitioner is in existence much before the construction of National Highway and it has been wrongly mentioned in the impugned notice that the petitioner has made encroachment over National Highway. It is also stated that the said notice has been issued by respondent No. 3 at the instigation of respondent No. 5 with whom the petitioner is not on good terms. 3. Shri Rajiv Gupta, learned Additional Chief Standing Counsel appearing for the State-respondents submits that the petitioner may be granted liberty to file objection to the impugned notice and that the same would be decided by the concerned Executive Engineer. 4.The aforesaid course, in our considered opinion, would sub-serve the ends of justice. 5. Accordingly, the instant petition is disposed of with liberty to the petitioner to file objection against the impugned notice within two weeks treating it to be a show cause notice. The objection so filed will be placed before the concerned Executive Engineer for being decided in accordance with law within next four weeks. 6. For a period of eight weeks, the enforcement of the impugned notice shall remain in abeyance and will abide by the decision that would be taken by the concerned Executive Engineer in pursuance of the instant order. 7. We grant leave to the petitioner's counsel to implead the concerned Executive Engineer as a party respondent herein during course of the day. Order Date :- 6.8.2025 Mukesh Kr. (Ram Manohar Narayan Mishra,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- MUKESH KUMAR High Court of Judicature at Allahabad