This short order disposed of a petition seeking direction to remove illegal encroachment. The court directed the authority to inspect and demarcate the site first before taking action.
Liberty to U.P. Awas Evam Vikas Parishad to get the site inspected and demarcated and thereafter take action as may be warranted under law.
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Court No. - 21
Case :- WRIT - C No. - 30502 of 2022
Petitioner :- Virendra Kumar Saxena Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Vivek Kumar Mishra,Dharmendra Kumar Mishra
Counsel for Respondent :- CSC,Krishna Kumar Mishra,Vineet Pandey
Hon'ble Manoj Kumar Gupta,J. Hon'ble Jayant Banerji,J.
Rejoinder affidavit filed today is taken on record.
Heard Sri Vivek Mishra for the petitioner, Sri Vineet Pandey for respondent no. 4, Sri Amrish Shukla, learned Additional Chief Standing Counsel for the State respondents and Sri K.K. Mishra for respondent no. 6.
The instant petition has been filed praying for a writ of mandamus, directing the respondents to remove illegal encroachments made by respondent no. 6 over Bhookhand C.P. No. 5, Awas Vikas Colony, Gangapur Yojana No. 2, Rampur and decide the representation of the petitioner dated 27.8.2022 made in this behalf within a stipulated time.
Sri Vineet Pandey, learned counsel appearing on behalf of U.P. Awas Evam Vikas Parishad, states that the stand of U.P. Awas Evam Vikas Parishad was clarified in the Communication dated 6.6.2022 sent to the complainant that a demarcation will be carried out to determine whether any illegal encroachment has been made alongside C.P. No. 5 and necessary directions in this regard has been issued to the Authorities. He states that further action will be taken in the matter after determining whether any encroachment has been made or not.
Learned counsel for respondent no. 6 has no objection in case the demarcation is done and thereafter, action in accordance with law is taken.
Having regard to the same, we dispose of the instant petition with liberty to U.P. Awas Evam Vikas Parishad to get the site inspected and demarcated and thereafter take action as may be warranted under law.
(Jayant Banerji, J.) (Manoj Kumar Gupta, J.)
Order Date :- 13.12.2022 Jaideep/-
Digitally signed by JAIDEEP BANERJEE Date: 2022.12.13 15:45:04 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether a direction to remove illegal encroachment over specific plot be issued immediately.
Whether the authority should be directed to inspect and demarcate the site to determine encroachment.
Virendra Kumar Saxena
State Of U.P.
U.P. Awas Evam Vikas Parishad
Manoj Kumar Gupta
Jayant Banerji
As recorded by the court registry
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