Anand Kumar And 3 Others vs State Of U.P. And 4 Others
2021 Latest Caselaw 4758 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 3
 
Case :- WRIT - C No. - 10863 of 2021
 
Petitioner :- Anand Kumar And 3 Others
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Raghuvansh Misra
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Surya Prakash Kesarwani,J.

Hon'ble Anil Kumar Ojha,J.

Heard Sri Raghuvansh Misra, learned counsel for the petitioner and Sri Nitin Kumar Agarwal, learned Standing Counsel for the State-respondents.

This writ petition has been filed praying for the following reliefs:

" i) Issue an appropriate writ, order or direction in the nature of certiorari or any other appropriate writ quashing the impugned order dated 20.3.2021 (Annexure No.5 to this writ petition), passed by respondent no.4.

(ii) Issue an appropriate writ, order or direction in the nature of mandamus or any other appropriate writ directing the respondents herein not to take any further steps and/or not to take any coercive steps against the petitioner herein in respect of the impugned order dated 20.3.2021 (Annexure No. 5 to this writ petition) passed by respondent no.4 .

(iii) To award exemplary costs of this writ petition to the petitioners herein."

Learned counsel for the petitioner submits that earlier a proceeding was initiated against the petitioner under Section 13 of the U.P. Roadside Land Control Act, 1945 and by judgment and order dated 31.7.1971 passed by S.D.M. Sadar, Rampur, the petitioner was acquitted. Subsequently, another proceeding was initiated under Section 4/7 of the U.P. Public Encroachment Act, 1972 which was dropped by the S.D.M., Tehsil Sadar, District Rampur by order dated 5.2.1980. He further submits that the Assistant Engineer PWD Rampur is not the Competent Authority to issue the impugned notice dated 20.3.2021. In support of the submission, reliance has been placed upon a judgment of this Court in the Case of Chotte Lal & another Vs. State of U.P., AWR 1969 Volume 39 page 492.

Learned Standing Counsel for the State-respondent prays for and is granted two weeks time to obtain instructions or to file counter affidavit.

Considering the facts and circumstances of the case and the judicial pronouncement as briefly noted above, prima facie, we find that the case for interim relief is made out. Therefore, as an interim measure, the effect and operation of the impugned notice dated 20.3.2021 is stayed till the next date of listing.

Put up as a fresh case on 12.4.2021.

Order Date :- 26.3.2021/CS