Smt. Rashmi Singh vs State of U.P. Thru. Secy. Deptt. Urban Development Lko. and 5 Others — Allahabad HC (2026) — LawSathi Research

Smt. Rashmi Singh vs State of U.P. Thru. Secy. Deptt. Urban Development Lko. and 5 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the petitioner to move a representation within one week; respondent no.3 (Executive Officer, Nagar Palika Parishad, District Unnao) to pass an appropriate order and take action within four weeks thereafter in accordance with law after affording an opportunity of hearing to the parties concerned.

Issue for consideration

Whether the encroachment over the way/drainage by the private respondents (respondent nos.5 and 6), who constructed chabutaras blocking vehicular passage, should be removed and action taken thereon by the municipal authorities.

Court's answer

The grievance of the petitioner shall be redressed if an appropriate order in this regard is passed by respondent no.3, Executive Officer, Nagar Palika Parishad, District Unnao.

Ratio / Principle

The writ petition is disposed of with liberty to the petitioner to move a representation within the next one week.

Key takeaways

If such a representation is moved, respondent no.3 shall pass an appropriate order and take action within four weeks thereafter in accordance with law after affording an opportunity of hearing to the parties concerned.ratio¶18

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), WRIT - C No. 4064 of 2026, decided 06-05-2026, Coram: Alok Mathur and Amitabh Kumar Rai, JJ. Smt. Rashmi Singh v. State of U.P. thru Secy., Deptt. Urban Development, Lucknow and 5 others. The petitioner complained that respondent no.5 demolished a drainage constructed by Nagar Palika and built a chabutara over it, and respondent no.6 built a chabutara over the way, blocking vehicular passage. A representation to the City Magistrate, Unnao led to an inspection whose report confirmed the encroachment on the curving stretch of road; notices were issued by the Executive Officer, Nagar Palika Parishad, Unnao, but the encroachment was not removed. The Court disposed of the writ petition with liberty to the petitioner to move a fresh representation within one week, directing respondent no.3 (Executive Officer) to pass an appropriate order and take action within four weeks thereafter, in accordance with law, after affording an opportunity of hearing to the parties concerned.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

WRIT - C No. - 4064 of 2026

Smt. Rashmi Singh

.....Petitioner(s)

Versus

State Of U.P. Thru. Secy. Deptt. Urban Development Lko. And 5 Others

.....Respondent(s)

Counsel for Petitioner(s)	: Ram Chandra Dwivedi, Mayank Tiwari
Counsel for Respondent(s)	: C.S.C., O.P. Tiwari

Court No. - 5

HON'BLE ALOK MATHUR, J. HON'BLE AMITABH KUMAR RAI, J.

Vakalatnama filed by Shri O. P. Tiwari, Advocate on behalf of respondent no.3 today is taken on record.

Heard Shri Ram Chandra Dwivedi, learned counsel for the petitioner, learned Standing Counsel for respondent nos.1, 2 and 4 and Shri O. P. Tiwari, learned counsel for respondent no.3.

The grievance raised by the petitioner in the present case is that respondent no.5 has demolished the drainage constructed by Nagar Palika and constructed a chabutara over the same, thereby blocking the way. Respondent no.6 has also constructed a chabutara over the way and due to these acts, vehicles cannot pass easily along the said way. In this regard, the petitioner submitted a representation to respondent no.4, City Magistrate, District Unnao, who obtained an inspection. Upon receiving the report, it was found that the complaint made by the petitioner is correct and the private respondents had, in fact, encroached upon the road, which curves at that particular point. In the aforesaid circumstances, notices were issued to the private respondents by Executive Officer, Nagar Palika Parishad, District Unnao. However, the grievance of the petitioner is that till date, the encroachment has not been removed.

Accordingly, in the aforesaid circumstances, the grievance of the petitioner shall be redressed if an appropriate order in this regard is passed by respondent no.3, Executive Officer, Nagar Palika Parishad, District Unnao.

The writ petition is disposed of with liberty to the petitioner to move a

WRIC No. 4064 of 2026

2

representation within the next one week. If such a representation is moved, respondent no.3 shall pass an appropriate order and take action within four weeks thereafter in accordance with law after affording an opportunity of hearing to the parties concerned.

May 6, 2026 Mahesh

(Amitabh Kumar Rai,J.) (Alok Mathur,J.)

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