Court No. - 39
Case :- WRIT - C No. - 13916 of 2021 Petitioner :- Mukesh Kumar Sharma Respondent :- Union Of India And 5 Others Counsel for Petitioner :- Vindeshwari Prasad,Neelesh Kesharwani Counsel for Respondent :- A.S.G.I.,Abrar Ahmad,C.S.C.,Rafat Raza Khan Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard Sri Neelesh Kesharwani, learned counsel for petitioner and Sri R.R. Khan, learned counsel appearing for the respondent no. 6.
By means of present writ petition the petitioner seeks for quashing of the notice dated 20.03.2021, which has been issued in the name of the petitioner herein. The notice impugned records that the petitioner had encroached upon the land of the public road and raised constructions thereon.
Challenging the said notice, it is argued by the learned counsel for the petitioner that the petitioner is subsequent purchaser of the shop in question by registered agreement to sell dated 11.12.1995. Prior to the writ petitioner, one Surya Prakash Sharma s/o Late Vishan Swaroop was owner in possession thereof.
It is, thus, submitted that before issuance of the notice demarcation exercise was required to be conducted by the respondents.
We may note that the notice had been issued by the Public Works Department, Rampur with the categorical assertion that the petitioner had encroached upon the land of public road vested in the State. The petitioner has been called upon to explain as to why the proceedings under U.P. Road Side Land Control Act, 1944 be not initiated against him and the demolition of raised construction be not made. No reply to the said notice has been filed by the petitioner. We, therefore, do not find it a fit case for interference.
The writ petition is disposed of with the observation that in case the petitioner submits reply to the notice, the competent authority shall consider the explanation offered by the petitioner and pass appropriate order in accordance with law in an expeditious manner.
Order Date :- 30.7.2021 gp