Neutral Citation No. - 2025:AHC:118930-DB Court No. - 40 Case :- WRIT - C No. - 23365 of 2025 Petitioner :- Janardan Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Rajesh Kumar Counsel for Respondent :- C.S.C.,Pankaj Kumar Gupta Hon'ble Saral Srivastava,J. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for State-respondents and Sri Pankaj Kumar Gupta, learned counsel for respondent no.5. 2. The petitioner by means of the preset petition has prayed for the following relief:- "(i) Issue a writ, order or direction in the nature of mandamus and commanding the respondent no.2 not to make construction over land gata no.23 area 04-8 hectare which is situated in Village-Pakari, Tappa-Niksauli, Tehsil-Naugarh, District- Siddharth Nagar. (ii) Issue a writ, order or direction in the nature of mandamus directing the respondent authorities to decided the representation dated 14.06.2025 filed by the petitioner. (iii) Issue any other writ, order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case. (iv) Award the costs of the present writ petition." 3. It is contended by the learned counsel for the petitioner that petitioner is the owner of Gata No.23/2 situated in Village-Pakari, Tappa- Niksauli, Tehsil- Naugarh, District Siddharth Nagar. It is submitted that proceeding under Rule 115-C of U.P. Zamindari Abolition and Land Reforms Rules, 1952 was initiated against the father of the petitioner which was dismissed by the Tehsildar, Naugarh, District Siddharth Nagar by order dated 06.02.1996, copy of which is annexed as Annexure No.2 to the writ petition. It is submitted that the order dated 06.02.1996 has attained finality as the same has not been challenged. Accordingly, it is submitted that respondents have acted arbitrarily and illegally in demolishing the construction standing on the land of petitioner without any notice and without adopting due process of law. 4. It is further submitted that respondents have encroached upon the land of petitioner and going to raise boundary wall over the land of petitioner without adopting due process of law. 5. Learned Standing Counsel as well as learned counsel for respondent no.5 submits that considering the facts of the case, a direction be issued to respondent no.2 to consider the grievance of the petitioner and decide the same in accordance with law. 6. Considering the submissions made above by the respective parties, the writ petition is disposed off permitting the petitioner to submit a detailed representation alongwith certified copy of this order raising all his grievances before the respondent no.2- Executive Officer, Palika Parishad, Siddharth Nagar within a period of one month from today. In case, any such representation is filed by the petitioner, the respondent no.2 shall consider and decide the same strictly in accordance with law within a period of three months thereafter, after giving due notice and opportunity of hearing to the petitioner. 7. Till the representation of the petitioner is decided by the respondent no.2, the respondents shall not raise any construction or alter the nature of Gata No.23/2 situated in Village-Pakari, Tappa- Niksauli, Tehsil- Naugarh, District Siddharth Nagar. Order Date :- 22.7.2025 Sattyarth (Arun Kumar Singh Deshwal,J) (Saral Srivastava,J) Digitally signed by :- SATTYARTH ANAND High Court of Judicature at Allahabad