HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 32409 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Herard Sri Navin Kumar Srivastava, learned counsel for petitioner and learned Standing Counsel as well as Sri Sanjeet Kumar Dubey, Advocate holding brief of Sri A.K. Srivastava, learned counsel for respondents No. 2 to 4. 2. The petitioner is aggrieved by the notice dated 2.6.2025 issued by the Assistant Municipal Commissioner, Nagar Nigam, Firozabad, directing him to remove the alleged encroachment on Ramgarh Road within fifteen days, failing which proceedings for demolition would be initiated in accordance with law. 3. The grievance of the petitioner is that he has not encroached upon any part of the road land, and the demolition notice is illegal. It is stated that the petitioner has already submitted a representation against the said notice, but the same has not been considered by the respondents, who are proceeding to demolish the petitioner?s shop. Learned counsel for the petitioner contends that it is incumbent upon the respondents to afford due opportunity of hearing to the petitioner before initiating any proceeding for demolition. 4. Per contra, learned counsel for the Nagar Nigam, on instructions, submits that the land in question forms part of Ramgarh Road, and therefore, the demolition notice has rightly been issued to the petitioner. He further states that till date the petitioner?s shop, which is encroaching upon the road land, has not been demolished. Versus Counsel for Petitioner(s) : Deepak Singh, Navin Kumar Srivastava Counsel for Respondent(s) : Abhinava Krishna Srivastava, C.S.C. Tahir Anwar @ Guddu .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) 5. Since the question as to whether the petitioner has encroached upon the land of Ramgarh Road or not is a disputed question of fact, the same is required to be determined by the competent authority. 6. Accordingly, the writ petition is disposed of with liberty to the petitioner to file a detailed representation against the notice dated 2.6.2025 within a period of one month from today. In case any such representation is filed before respondent No. 3, the said respondent shall consider and decide the same strictly in accordance with law, after affording due opportunity of hearing to the petitioner and supplying all the relevant documents to petitioner on which the Nagar Nigam seeks to place reliance, within a further period of two months. 7. It is provided that for a period of three months or till the disposal of the representation, whichever is earlier, the petitioner's shop shall not be demolished. September 17, 2025 Md Faisal WRIC No. 32409 of 2025 2 (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad