A writ petition challenging notices issued for alleged encroachment was dismissed. The court held that no legal defect was pointed out and refused to entertain the petition without supporting evidence.
The writ petition was dismissed and the notices remain valid.
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Court No. - 2
Case :- WRIT - C No. - 2881 of 2022
Petitioner :- Ram Pratap Maurya Respondent :- State Of U.P. Thru. Prin. Secy. U.P. Urban Development Dept. Civil Sect. Lko And 2 Others Counsel for Petitioner :- Jay Prakash Singh Vats,Ajay Kumar Soni Counsel for Respondent :- C.S.C.,Girish Chandra Sinha
Hon'ble Devendra Kumar Upadhyaya,J. Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the petitioner, learned State Counsel and Shri Girish Chandra Sinha, leanred counsel for the respondent no.3.
By means of this petition two notices dated 23-11-2021 issued to the petitioner by Executive Officer, Nagar Panchayat Patti, District Pratapgarh, whereby he has been required to remove the alleged encroachment has been challenged.
It is settled principle of law that any notice issued under some statute can be challenged only in case it has been issued by an authority who does not have jurisdiction or there is any other legal defect in the notice.
Learned counsel for the petitioner has failed to point out any legal defect in the notice.
Thus, we are not inclined to entertain this petition. It is hereby dismissed . However, in case the petitioner has submitted a reply to the notices, the same shall be considered in accordance with law by the authority concerned.
Order Date :- 20.5.2022 pks
Digitally signed by PANKAJ KUMAR SRIVASTAVA Date: 2022.05.20 17:11:06 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether a writ petition challenging removal notices for alleged encroachment is maintainable without pointing out a legal defect.
Whether it is open to the court to entertain a petition where no legal defect in the notice has been shown.
Ram Pratap Maurya
State Of U.P. Thru. Prin. Secy. U.P. Urban Development Dept.
Devendra Kumar Upadhyaya
Subhash Vidyarthi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
