Allahabad High Court
SUNIL KUMARversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The court held that no further direction is required as the encroachments are being removed by the municipal authority, and therefore the petition is consigned to the records.
Summary
Sunil Kumar filed a writ petition seeking a court direction to remove illegal encroachments, unauthorized structures and blockages of a public drain in Trans Yamuna Colony, Agra, alleging overflow and unsanitary conditions. He claimed the municipal authority had not acted on his grievance. The Executive Engineer of Nagar Nigam, Agra submitted an affidavit stating that the raised platform encroachment had been removed, a work order issued for constructing a drain and road, and that any remaining encroachments would be cleared during the project. The respondents argued that the relief sought would be achieved shortly through these measures. The Court, noting the affirmative steps taken by the municipal corporation and the absence of any private dispute requiring intervention, held that no further direction was necessary and consigned the petition to the records.
Issues considered
- Whether the court should issue a writ directing the removal of encroachments when the municipal authority has already initiated removal and construction work.
- Whether the petition should be dismissed or consigned to records in view of the respondent's affidavit indicating ongoing remedial action.
Subjects
- illegal encroachment
- public way
- drainage blockage
- municipal authority
- writ petition
- public interest
- remedial action
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 12566 of 2026
Sunil Kumar
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Anand Kumar Pandey, Kamini Pandey
(Dubey)
Counsel for Respondent(s) : C.S.C., Sangam Singh, Shyam Mani
Shukla, Sushant Verma
Court No. - 4
HON'BLE NEERAJ TIWARI, J.
HON'BLE SUDHANSHU CHAUHAN, J.
1. Application for impleadment to be impleaded as respondent in
the present writ petition has been filed today, which is taken on
record.
2. Personal Affidavit filed by the Executive Engineer, Nagar Nigam,
Agra- respondent No. 2 is taken on record.
3. Petitioner has filed the present writ petition seeking a direction
for removal of illegal encroachment over public way, drainage and
removal of unauthorized chabutra and grills constructed in Trans
Yamuna Colony, Phase II, Agra.
4. It is the contention of the petitioner that the illegal construction
and the blockage of public drain is existing near the Geetanjali
School, Trans Yamuna Colony, Phase II, Agra. Further as a
consequence thereof the water from the drain is over flowing
leading to severe sanitary problems and unhygienic living
conditions. The petitioner had approached the Municipal Authority
in respect of his grievance but of no avail.
5. A personal affidavit of Executive Engineer-respondent no. 2 has
been filed today before this Court wherein it is specifically stated
that the encroachment consisting of raised platforms has been
WRIC No. 12566 of 2026
2
removed. Further a work order has also been issued for
construction of drains and road in front of Getanjali School, Trans
Yamuna Colony, Phase II, Agra. Further the remaining
encroachment will also be removed during the constructions of the
roads and drainage system. Relevant paragraphs of the personal
affidavit reads as under:-
"5. That the encroachment consisting of a raised, paved platform constructed on the
roadside verge in front of Gitanjali School, along with flower pots and other items
placed upon it was removed which reveals from the photographs. A photocopy of the
Photographs of the spot is being annexed marked as Annexure no.1 to this affidavit.
7. That the site in question is a square complex with Gitanjali School situated on one
side of the square. Estimates for the construction of a drain and road in front of the
said school -as well as within the square complex- and for the repair/ reconstruction
of the old drain adjacent to Gitanjali School (which has been damaged due to the
accumulation of debris/ silt) have been approved by the Municipal Corporation at the
competent level. A work order has already been issued to the contractor/ firm against
the aforementioned approved estimates.
8. That it is proposed that, during the construction of the road and drainage system at
the site in question, any permanent or temporary encroachments hindering the work
be removed through a separate special drive to ensure the completion of the
constructions project "
6. Hence, the contention of the learned counsel for respondents
no. 2 and 3 is that the grievance raised by the petitioner in the
present writ petition will be redressed within a short passage of
time. In this regard a report prepared by officers of the respondent-
corporation has also been brought on record by means of the said
affidavit.
7. Further as the measures sought to be carried out by the
respondent-corporation are for the public good, we do not intend
to pass any order on the application for impleadment. More so as
there seems to be some private dispute between the proposed
respondent and the petitioner.
WRIC No. 12566 of 2026
3
8. In view of the averment made in the affidavit of respondent no.2,
morefully, detailed above, we are of the view that no further
direction is required to be issued in the present writ petition.
9. Hence, the present writ petition is consigned to records.
(Sudhanshu Chauhan,J.) (Neeraj Tiwari,J.)
May 12, 2026
Nadeem
Digitally signed by :-
NADEEM AHMAD
High Court of Judicature at Allahabad
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