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2025 DAILYLAW 80218 (ALL)

PAWAN KUMAR GUPTA AND ANOTHER v. STATE OF U.P. AND 6 OTHERS

WRIC/25026/2025 · 2025-08-20

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:143979-DB Court No. - 21 Case :- WRIT - C No. - 25026 of 2025 Petitioner :- Pawan Kumar Gupta And Another Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Saroj Kumar Pandey Counsel for Respondent :- C.S.C.,Vineet Sankalp Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. Learned Standing Counsel has placed on record the instructions received from the Executive Engineer, Provincial Division, PWD, Varanasi. 2. The petitioners have assailed the notice dated 7.3.2025 issued under Section 3 of the Prevention of Damage of Public Property Act, 1984 and public notice dated 3.7.2025 published in newspaper 'Amar Ujala' by Executive Engineer, Provincial Division, PWD, Varanasi. 3. The respondents have alleged that the petitioners have made encroachments over a public road and which is hampering the work of widening and beautification of the road. They were required to remove the encroachments by a specified date, failing which the department reserved right to take action against them. 4. Learned counsel for the petitioners submits that the petitioners have already replied to the notice on 17.3.2025 and prays that respondent no. 5 be directed to decide the same. 5. Sri Vineet Sankalp, learned counsel appearing for respondent no. 2 and Sri Rajeev Gupta, Additional Chief Standing Counsel does not oppose the said prayer. 6. Accordingly, without expressing any opinion on merits, the instant petition is disposed of with direction to respondent no. 5 to take decision on the reply of the petitioner dated 17.3.2025 within a period of four weeks from the date of communication of the instant order alongwith photocopy of the reply. . (R.M.N. Mishra, J.) (Manoj Kumar Gupta, J.) Order Date :- 21.8.2025 Dhirendra/ Digitally signed by :- DHIRENDRA KUMAR High Court of Judicature at Allahabad