HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 12566 of 2026 Court No. - 4 HON'BLE NEERAJ TIWARI, J. HON'BLE SUDHANSHU CHAUHAN, J. 1. Application for impleadment to be impleaded as respondent in the present writ petition has been filed today, which is taken on record. 2. Personal Affidavit filed by the Executive Engineer, Nagar Nigam, Agra- respondent No. 2 is taken on record. 3. Petitioner has filed the present writ petition seeking a direction for removal of illegal encroachment over public way, drainage and removal of unauthorized chabutra and grills constructed in Trans Yamuna Colony, Phase II, Agra. 4. It is the contention of the petitioner that the illegal construction and the blockage of public drain is existing near the Geetanjali School, Trans Yamuna Colony, Phase II, Agra. Further as a consequence thereof the water from the drain is over flowing leading to severe sanitary problems and unhygienic living conditions. The petitioner had approached the Municipal Authority in respect of his grievance but of no avail. 5. A personal affidavit of Executive Engineer-respondent no. 2 has been filed today before this Court wherein it is specifically stated that the encroachment consisting of raised platforms has been Versus Counsel for Petitioner(s) : Anand Kumar Pandey, Kamini Pandey (Dubey) Counsel for Respondent(s) : C.S.C., Sangam Singh, Shyam Mani Shukla, Sushant Verma Sunil Kumar .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) removed. Further a work order has also been issued for construction of drains and road in front of Getanjali School, Trans Yamuna Colony, Phase II, Agra. Further the remaining encroachment will also be removed during the constructions of the roads and drainage system. Relevant paragraphs of the personal affidavit reads as under:- "5. That the encroachment consisting of a raised, paved platform constructed on the roadside verge in front of Gitanjali School, along with flower pots and other items placed upon it was removed which reveals from the photographs. A photocopy of the Photographs of the spot is being annexed marked as Annexure no.1 to this affidavit. 7. That the site in question is a square complex with Gitanjali School situated on one side of the square. Estimates for the construction of a drain and road in front of the said school -as well as within the square complex- and for the repair/ reconstruction of the old drain adjacent to Gitanjali School (which has been damaged due to the accumulation of debris/ silt) have been approved by the Municipal Corporation at the competent level. A work order has already been issued to the contractor/ firm against the aforementioned approved estimates. 8. That it is proposed that, during the construction of the road and drainage system at the site in question, any permanent or temporary encroachments hindering the work be removed through a separate special drive to ensure the completion of the constructions project " 6. Hence, the contention of the learned counsel for respondents no. 2 and 3 is that the grievance raised by the petitioner in the present writ petition will be redressed within a short passage of time. In this regard a report prepared by officers of the respondent- corporation has also been brought on record by means of the said affidavit. 7. Further as the measures sought to be carried out by the respondent-corporation are for the public good, we do not intend to pass any order on the application for impleadment. More so as there seems to be some private dispute between the proposed respondent and the petitioner. WRIC No. 12566 of 2026 2 8. In view of the averment made in the affidavit of respondent no.2, morefully, detailed above, we are of the view that no further direction is required to be issued in the present writ petition. 9. Hence, the present writ petition is consigned to records. May 12, 2026 Nadeem WRIC No. 12566 of 2026 3 (Sudhanshu Chauhan,J.) (Neeraj Tiwari,J.) Digitally signed by :- NADEEM AHMAD High Court of Judicature at Allahabad