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2025 DAILYLAW 79787 (ALL)

GIRISH CHANDRA AND 5 OTHERS v. STATE OF U.P. AND 4 OTHERS

WRIC/24960/2025 · 2025-08-20

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:143830-DB Court No. - 21 Case :- WRIT - C No. - 24960 of 2025 Petitioner :- Girish Chandra And 5 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Mamta Gupta,Santosh Kumar Upadhyay,Vikram Singh Counsel for Respondent :- C.S.C.,Dharmaveer Singh Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. Petitioners have been issued notices under 3 of the Prevention of Damage to Public Property Act, 1984 read with Section 4(1) of the Uttar Pradesh Public Premises (Eviction of Unauthorised Occupants) Act, 1972, requiring them to show cause as to why they should not be evicted from the land alleged to the public property and in their illegal occupation. 2. The petitioners responded to the aforesaid notice by submitting their reply to the effect that notice under Section 3 of the Prevention of Damage to Public Property Act, 1984 was served upon them in the past also, and therefore, issuance of the subsequent notice impugned in the present writ petition was wholly, unwarranted and illegal. 3. It is not disputed before us that till date there is no order of eviction of the petitioners, under the provisions of the Uttar Pradesh Public Premises (Eviction of Unauthorised Occupants) Act, 1972. The petitioners are claiming title over the property and the subject land on the basis of different free hold deeds executed in their favour by District Magistrate, Mau. 4. Having regard to the facts stated above, we dispose of the instant petition, with liberty to the petitioners to file detailed explanation in response to the show cause notice alongwith supporting evidence within four weeks' from today, and in which event, the authority competent to decide the dispute shall examine the same and take decision in accordance with law. For a period of six weeks from today, we direct the parties to maintain strict status quo and thereafter further action would be taken strictly in accordance with the decision as may be taken on the representation/objections of the petitioners. Order Date :- 21.8.2025 Ashish/- (R.M.N.Mishra, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad