Aditya Nath Dixit v. State of U.P. Thru. Prin. Secy. Housing and Urban Planning Lko. and 3 Others

Allahabad HC21 Sept 2024WRIC/8159/2024

Case brief

AI extract

What is this about?

Writ petition seeking removal of an encroachment by a neighbouring tent house operator dumping material on the petitioner's boundary wall and obstructing his right of way. The Nagar Nigam reported that the dumped items were removed and the respondent warned; the court directed a personal affidavit on handling commercial activity in residential colonies.

What the court decided

AI extract

Aditya Nath Dixit vs State of U.P. Thru. Prin… — Municipal and Town Planning | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC-LKO:65394-DB Court No. - 3

¶2

Case :- WRIT - C No. - 8159 of 2024

¶3

Petitioner :- Aditya Nath Dixit Respondent :- State Of U.P. Thru. Prin. Secy. Housing And Urban Planning Lko. And 3 Others Counsel for Petitioner :- Akash Mishra Counsel for Respondent :- C.S.C.,Namit Sharma,Ratnesh Chandra

¶4

Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Subhash Vidyarthi,J.

¶5

Heard the learned counsel for the petitioner, the learned Standing Counsel appearing on behalf of the opposite party No.1, Shri Ashish Kumar, Advocate, who has filed power on behalf of opposite party No.2-Nagar Nigam and Shri Ajay Kumar Singh, Advocate, who has filed power on behalf of the opposite party No.3-LDA and the same are taken on record.

¶6

This petition has been filed with the following prayers:-

¶7

"(i) Issue a writ, order or direction in the nature of Mandamus commanding the Respondent no. 1 2 and 3 to remove the unlawful encroachment caused by the Opposite party no. 4, as per law;

¶8

(ii) To issue a writ, order or direction in the nature of Mandamus commanding the Respondent no 2 to take decision on the representation of the Petitioner dated 23.07.2024 (Annexure no 4)."

¶9

Learned counsel appearing for the LDA has informed this Court that in the year 1994 itself, the residential colony was handed over to the Nagar Nigam by the LDA. Now, the Nagar Nigam has to look after grievance, if any, raised by the residents with regard to illegal encroachment/public nuisance.

¶10

4.Learned counsel for the petitioner has pointed out a representation made to the Nagar Ayukt on 17.10.2022 with regard to the private respondent running a tent house at 3/307, Vivek Khand, Gomti Nagar, Lucknow.

¶11

The opposite party No.4, who runs a tent house business and is a neighbor of the petitioner, has dumped all his material relating to running of his tent house on the boundary wall of the petitioner and has also obstructed his right of way. Not only as all the material relating to his business of tent house being dumped by the opposite party no.4 on the boundary wall of the petitioner but one old commercial vehicle, which is unused, has

¶12

also been parked near the house of the petitioner. When no heed was paid by the opposite party No.2, then this writ petition has been filed with the aforesaid prayer.

¶13

Learned counsel appearing for the opposite party No.2 has produced the instructions sent by the Zonal Officer, Zone-4, Nagar Nigam, Lucknow dated 20.09.2024 wherein it has been stated that after the representation was made by the petitioner, the tables, chairs and iron pipes that have been placed by the opposite party No.4 near the house of the petitioner on the pavement and on his boundary wall have been removed and he has been warned not to obstruct the peaceful living of the petitioner by making illegal encroachment.

¶14

Let a personal affidavit be filed by the opposite party No.2 indicating what he proposes to do with commercial activity being carried out by the opposite party No.4 and similar persons relating to residential colonies which have been handed over by the LDA to them.

¶15

Let this affidavit be filed latest by 18.10.2024.

¶16

List this matter on 18.10.2024 , showing name of Shri Ashish Kumar, Advocate as learned counsel for the opposite party No.2-Nagar Nigam and Shri Ajay Kumar Singh, Advocate as learned counsel for the opposite party No.3-LDA.

¶17

Order Date :- 21.9.2024 -Amit K-

¶18

Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Aditya Nath Dixit v. State of U.P. Thru. Prin. Secy. Housing and Urban Planning Lko. and 3 Others

Case brief

What is this about?

What the court decided

Aditya Nath Dixit v. State of U.P. Thru. Prin. Secy. Housing and Urban Planning Lko. and 3 Others

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

U.O.I. Represented by the Secy. Govt. of India Ministry of Defence , New Delhi. vs No. 709960 K Ex. Sgt. Suresh Chandra Yadav

Union of India Thru. Secy. Ministry of Defence New Delhi and 3 Others vs No. 776585 a Ex Sgt Santosh Kumar

Param Prakash Singh and 4 Others vs State of U.P. Thru. Prin. Secy. Deptt. of Housing Urban Planning Govt. Lko and 3 Others

Shiv Kumar Alias Shiv Kumar Yadav vs State of U.P. Thru. Prin. Secy. Housing and Urban Planning Deptt. Govt. of U.P. Lko. and 4 Others

Deepak Singh vs State of U.P. Thru. Prin. Secy. Deptt. of Food and Civil Supplies Lko. and Another

Anupam Gupta vs State of U.P. Thru. Prin. Secy. Deptt. Housing and Urban Planning Lko. and 3 Others