Ramesh and 4 Others v. State of U.P. Thru. Prin. Secy. P.W.D. U.P. Govt. Lko. and 6 Others

Court No. - 3 Case :- WRIT - C No. - 9345 of 2023 Petitioner :- Ramesh And 4 Others Respondent :- State Of U.P. Thru. Prin. Secy. P.W.D. U.P. Govt. Lko. And 6 Others Counsel for Petitioner :- Prem Kumar Srivastava Counsel for Respondent :- C.S.C. Hon'ble Vivek Chaudhary,J. Hon'ble Manish Kumar,J. Heard learned counsel for petitioners and learned standing counsel for State. Present writ petition is filed by the petitioners challenging the notice dated 26.08.2023 passed by respondent no.6 whereby they have been asked to remove their constructions falling within 75 feet from centre of the road under the Road Side Land Control Act, 1945 Learned counsel for petitioners submits that grievance of petitioners would be sufficiently met in case representation of petitioners for stay of operation and implementation dated

26.08.2023 is considered and decided expeditiously in a time bound manner. Learned standing counsel has no objection to the same. In view thereof, petitioners are permitted to make a fresh detailed representation to respondent no.6 Executive Engineer, Construction Khand-I, PWD, Department, Unnao, raising all their grievance, annexing therewith a copy of this writ petition along with annexures and all the documents in support of their claim within a period of two weeks from today along with a certified copy of this order. In case such a representation is moved by petitioners, respondent no.6 shall consider and decide the same in accordance with law by a reasoned and speaking order within a period of six weeks from the date a certified copy of this order along with representation is placed before him. Respondent no.6 shall pass order after getting the cite measured in presence of petitioners. It is made clear that this court has not applied itself on the merits of the case and all questions are left open to be considered and decided by the competent authority in accordance with law. With the aforesaid directions, the writ petition is disposed of. Order Date :- 19.10.2023 Arti/- [Manish Kumar,J.] [Vivek Chaudhary,J.] High Court of Judicature at Allahabad, Lucknow Bench