Anuj Kumar Alias Anoop Kumar ... vs State Of U.P. And 3 Others
2015 Latest Caselaw 2165 ALL

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.