The Court ordered notice to respondents regarding the disposal of a writ petition concerning encroachment on a National Highway. Upon verification that the encroacher removed the structure after the notice, the petition was disposed of.
Disposal of the writ petition after confirming that the encroachment was removed.
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Court No. - 40
Case :- WRIT - C No. - 8301 of 2023
Petitioner :- Bhaiya Lal Respondent :- State of U.P. and Others Counsel for Petitioner :- Sushil Kumar Tiwari Counsel for Respondent :- C.S.C.,Ashok Kumar Pandey,Pranjal Mehrotra
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Manjive Shukla,J.
The matter was taken on 27.03.2023 and the Court has proceeded to pass a detailed order to the following effect.
"Heard Sri Sushil Kumar Tiwari, learned counsel for the petitioner, Sri Ashok Kumar Pandey, learned counsel for the N.H.A.I. and Sri Ambrish Shukla, learned Additional Chief Standing Counsel for the State.
The present Writ Petition is preferred by the petitioner with the following reliefs:
"1. Issue a writ order of direction in the nature of mandamus commanding and directing the Respondents specifically to the Respondent No. 2 to complete the proceedings under Section 26 and 27 of The Control of National Highways (Land and Traffic) Act, 2002 against the "respondent no. 5" (encroacher) pending before the Respondent No. 2 (the notice u/s 26 (2) of the Act had issued on 25.02.2022 ("Annexure No. 8") within stipulated period as fixed by this Hon'ble Court.
2. Issue a writ order or direction in the nature of mandamus commanding and directing to the respondent no. 2 to consider the application/representation of the petitioner dated 30.01.2023 and take appropriate action within reasonable time as may fixed by this Hon'ble Court."
Learned counsel for the petitioner states that there is huge encroachment over the National Highway No. 232 (Raibareli to Banda Section). Earlier, petitioner has filed a Civil Misc. Writ Petition i.e. Writ C No. 33089 of 2021 (Bhaiya Lal Vs. State of U.P. and 5 Others) wherein counsel who appeared for N.H.A.I. had apprised the Court that notice had already been served on private respondent for removing the encroachment and only in this background, Petition was disposed of vide order dated 2.03.2022 with permission to the petitioner to withdraw the aforesaid petition.
Learned counsel for the petitioner while moving the present Writ Petition has also appended various photographs of the concerned National Highway which clearly reveals that there is a huge encroachment on the National Highway.
Before issuing notices to respondents, we deem it appropriate that proper
instructions be obtained by the respondents' counsel.
On request of learned counsel for the Respondents, this case is passed over for today.
As prayed, put up this case on 10.04.2023 as fresh for further hearing. "
In response to the aforesaid order, Sri Ashok Kumar Pandey, learned counsel for the NHAI on the basis of instructions states that the encroachment made on the road side by the respondent no. 5, has been removed after giving due notice to the respondent no. 5 in the presence of the petitioner. The same has been acknowledged by learned counsel for the petitioner.
Consequently, the present writ petition stands disposed of in terms of the categorical instructions.
Order Date :- 10.4.2023 A.K.Srivastava
Digitally signed by :- ARUN KUMAR SRIVASTAVA High Court of Judicature at Allahabad
1 provisions across 1 enactments
Bhaiya Lal
State of U.P.
N.H.A.I.
Mahesh Chandra Tripathi
Manjive Shukla
As recorded by the court registry
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