Neutral Citation No. - 2025:AHC:133009-DB Court No. - 21 Case :- WRIT - C No. - 24933 of 2025 Petitioner :- Varun Mahalka And 3 Other Respondent :- State Of U.P. And 3 Other Counsel for Petitioner :- Yogesh Singh Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. The petitioners have assailed a notice dated 16.06.2025 issued by the Assistant Engineer, Provincial Division (PWD), Chandauli, whereby the petitioners have been called upon to remove their illegal constructions over Mohansarai Deen Dayal Upadhaya Nagar, Chakiya Marg (SH-120) within fifteen days, failing which the same would be removed by the Department, and the expenses incurred in this behalf shall be recovered from the petitioners. 2. The case of the petitioners is that they purchased a constructed building in the year 1974 and same exists over private land and not on government land. It is also the case of the petitioners that in the past, a notice was issued by the Development Authority, but vide order dated 19.04.20025, the proceedings were consigned to record, after recording a specific finding that the construction work was in accordance with the sanctioned plan. It is urged that the petitioners have filed a detailed representation before the authorities on 01.04.2025, but without deciding the representation, the respondents are threatening to demolish the constructions. 3. Sri Rajiv Gupta, learned Additional Chief Standing Counsel submits that respondent No.3 would be competent to examine the representation and he would take appropriate decision. 4. In our opinion, directing respondent No.3 to examine the stand taken by the petitioners in their representation and to pass a speaking order would subserve the ends of justice. 5. Accordingly, without expressing any opinion on merits, the writ petition is disposed of with direction to respondent No.3 to pass a speaking order on the representation of the petitioners dated 01.04.2025 within six weeks, and until the decision is taken, not to take any coercive action on the basis of the impugned notice. 6. Counsel for the petitioners states that the petitioners would file copy of the instant order before the respondent No.3 positively within two weeks. 7. Accordingly, it is hereby provided that the copy of the instant order shall be filed positively within three weeks before the respondent No.3, failing which the protection granted hereunder would not be of any avail, and it shall be open to the authorities to proceed further in the matter in accordance with law. Order Date :- 6.8.2025 Ashish/- (R.M.N.Mishra, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad