Lalita Singh v. State of U.P. and 2 Others

Court No. - 40 Case :- WRIT - C No. - 33802 of 2023 Petitioner :- Lalita Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Utkarsh Khanna,Divyanshu Nandan Tripathi Counsel for Respondent :- C.S.C. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.

¶1Heard learned counsel for the petitioner and Sri S.C. Upadhyay, learned standing counsel for the State respondents.

¶2Present writ petition has been preferred for direction commanding the respondent no.2, District Magistrate, Ballia to stop the encroachers from making illegal encroachments on the aforesaid plot adjacent to NH31, District Ballia and a further prayer has been made for direction to the respondent no.2 to decide his representation dated 10.07.2023.

¶3Learned counsel for the petitioner states that the land of National Highway Authority of India has been encroached upon by the encroachers, which creates hurdle to egress and ingress of the petitioner. He confined his prayer that he has already submitted a representation, which may be considered by the competent authority. He states that even though his application has been entertained by the NHAI and has been duly endorsed and sent for necessary action to the concerned District Magistrate but due to non-action of the competent authority his grievance is not being redressed.

¶4Considering the facts and circumstances, without adverting on merits the writ petition is disposed of asking the respondent no.2, District Magistrate, Ballia to process the application of the petitioner, strictly in accordance with law but certainly after affording opportunity of hearing to all Stakeholders. Order Date :- 30.10.2023 S.P. High Court of Judicature at Allahabad