Neutral Citation No. - 2025:AHC:142360-DB Court No. - 40 Case :- WRIT - C No. - 28068 of 2025 Petitioner :- M/S Rakesh Pratap Singh And 13 Others Respondent :- State Of Uttar Pradesh And 4 Others Counsel for Petitioner :- Tanisha Jahangir Monir Counsel for Respondent :- Archit Mandhyan,C.S.C. Hon'ble Saral Srivastava,J. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard learned counsel for the petitioners, learned Standing Counsel for respondent nos.1 & 5 and Sri Archit Mandhyan, learned counsel for respondent nos.2 to 4. 2. The petitioners by means of the present writ petition have assailed the orders dated 07.04.2025 and 26.04.2025 passed by the respondent no.4-Secretary (In-charge), Naveen Upmandi Sthal Harduaganj, District Aligarh. 3. The petitioners claim to be allottees of auction platform of Mandi Samiti, Naveen Upmandi Sthal Harduaganj, District Aligarh. The petitioners claim to have lawful possession over the auction platform after the date of allotment and they have not encroached upon any of the area of Mandi Samiti. 4. The grievance of the petitioners is that a general notice has been issued by Secretary (In-charge), Naveen Upmandi Sthal Harduaganj, District Aligarh on 07.04.2025 directing the allottees to remove the encroachment made upon the area of Mandi Samiti and in case, encroachment is not removed, appropriate proceedings shall be undertaken by the Mandi Samiti. 5. Subsequently, the Secretary (In-charge) again issued a notice/order dated 26.04.2025 constituting a Committee to remove illegal encroachment over the area of Mandi Samiti and in case, allottees are illegally encroaching upon the auction platform under the teen shade, the encroachment drive may be undertaken to remove the same. 6. The petitioners being aggrieved by the aforesaid notices/orders have approached this Court by filing present writ petition on the ground that petitioners are lawful allottees of Mandi Samiti and they have not encroached upon any auction platform or any area of Mandi Samiti and no encroachment drive can be undertaken against the petitioners except in accordance with law. 7. The petitioners apprehend that under the encroachment drive, petitioners may be disturbed, and therefore, a direction be issued to respondents to initiate encroachment drive against the petitioners after following due procedure of law and after ascertaining as to whether any of the petitioners have encroached upon the auction platform or area of Mandi Samiti beyond their allotment area. 8. Sri Archit Mandhyan, learned counsel for the respondent nos.2 to 4 submits that as of today, no notice has been given to any of the petitioners, and in fact the writ petition is premature at this stage inasmuch as the petitioners unnecessary apprehend that their possession can be disturbed. However, he submits that if any encroachment drive is undertaken against the petitioners, the same would be done strictly in accordance with law after giving due notice and opportunity of hearing to the petitioners and after ascertaining as to whether petitioners have encroached upon any area or auction platform of Mandi Samiti illegally or not. Accordingly, he submits that at this stage, no cause of action accrues to the petitioners to approach this Court. 9. Be that as it may, it is not in dispute that petitioners are the lawful allottees of Mandi Samiti and they have been allotted auction platform by various orders. The petitioners' possession is lawful and if petitioners have encroached any auction platform or have kept their goods beyond the area allotted to them by the Mandi Samiti, the removal of encroachment can be done only after following due procedure of law and after ascertaining by the competent authority that petitioners have encroached upon any auction platform or area of Mandi Samiti beyond their allotment area. 10. In view of the statement made by Sri Archit Mandhyan, learned counsel for the respondent nos.2 to 4, this Court at this stage is not inclined to interfere with the impugned orders. However, this Court expects that before proceeding to initiate any encroachment drive against the petitioners, the Mandi Samiti shall follow the due procedure of law and remove the encroachment after giving due notice and opportunity of hearing to the petitioners and after determining the area which has been encroached upon by any of the petitioners. 11. With the aforesaid observations, the writ petition is disposed off. Order Date :- 20.8.2025 NS (Arun Kumar Singh Deshwal,J.) (Saral Srivastava,J.) Digitally signed by :- NITIN KUMAR High Court of Judicature at Allahabad