Court No. - 29
Case :- WRIT - C No. - 41753 of 2019 Petitioner :- Babbu Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Ashfaq Ahmed Ansari Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J. Hon'ble Vipin Chandra Dixit,J.
Heard learned counsel for the petitioner and learned Standing Counsel appearing on behalf of State-respondents.
Petitioner has preferred this writ petition for quashing the order dated 25.11.2019, passed by respondent No.3-Assistant Engineer Nirmad Khan-I, Public Works Department, Bareilly, and for a direction that his shops may not be removed or demolished in pursuance thereof.
A bare reading of the order dated 25.11.2019 reveals that the petitioner has been directed to remove his shops within seven days of the receipt of the notice, failing which, legal action would be taken inasmuch as petitioner has constructed the said shops by encroaching upon the Government land.
In view of the above, the respondents have unilaterally held that petitioner has encroached upon the Government land, therefore, we permit the petitioner to file objections within a period of two weeks and in case, objections are so filed, the respondent No.2 or respondent No.3 shall consider the same in accordance with law and pass appropriate speaking order deciding the said objection before proceeding any further in the matter.
The writ petition stands disposed of, accordingly.
Order Date :- 20.12.2019 LN Tripathi