HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 9 Case :- WRIT - C No. - 50070 of 2015 Petitioner :- Anuj Kumar Alias Anoop Kumar Khandelwal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vishwa Pratap Singh Counsel for Respondent :- C.S.C. Hon'ble Arun Tandon,J.
Hon'ble Shashi Kant,J Heard learned counsel for the parties and perused the record.
The petitioner has been served with the notice dated 12.8.2015 asking him to remove the unauthorized constructions from the road side, failing which the encroachments shall be demolished. It is stated that the petitioner has not been afforded any opportunity before coming to the conclusion that the constructions raised are unauthorized or have the effect of encroaching upon the road patri.
There is hardly any material to establish that the construction of the shop has been raised after required permission under Road Side Control Act. We, therefore, at this stage do not find any good ground to entertain this writ petition.
Accordingly the writ petition is dismissed with liberty to the petitioner to respond to the notice and raise his objection before the authority concerned.
Order Date :- 4.9.2015 Ashish Pd.