Allahabad High Court
SHAMSHADversusSTATE OF U.P. AND ANOTHER
- Decided
Holding
The Court ordered that the petitioner’s constructions not be demolished until the Nagar Ayukta issues a decision.
Summary
The petitioner was served a notice to remove illegal constructions encroaching a public road in Bareilly, covering 180 square feet. The petitioner filed a reply with the Executive Engineer. The High Court directed that the reply be placed before the Nagar Ayukta, who should consider the matter and issue appropriate orders. Until the Nagar Ayukta decides, the petitioner’s constructions are to remain undemolished. The writ petition was disposed of based on these interim directions.
Issues considered
- What interim relief, if any, should be granted to the petitioner pending the decision of the Nagar Ayukta on the alleged encroachment?
Subjects
- encroachment
- public road
- Nagar Ayukta
- writ petition
- interim relief
- illegal construction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 39392 of 2026
Shamshad
.....Petitioner(s)
Versus
State of U.P. and Another
.....Respondent(s)
Counsel for Petitioner(s) : Mohammad Waseem
Counsel for Respondent(s) : C.S.C., Shyam Mani Shukla
Court No. - 2
HON'BLE J.J. MUNIR, J.
HON'BLE INDRAJEET SHUKLA, J.
Heard Mr. Mohammad Waseem, learned Counsel for the petitioner, Mr.
Mayank Shekhar Singh holding brief of Mr. Shyam Mani Shukla, learned
Counsel for the Nagar Nigam, Bareilly and Mr. P.K. Shahi, learned
Additional Chief Standing Counsel on behalf of the State.
The petitioner has been served with a notice to remove illegal
constructions dated 18.09.2026 requiring the petitioner to remove
encroachment done on a public road by construction of a wall, ramp,
platform and other permanent construction. The area of encroachment
done by the petitioner is detailed as 180 square feet. The petitioner has
submitted a reply dated 21.09.2026 before the Executive Engineer, Nagar
Nigam, Bareilly.
In the circumstances of the case, we direct that the petitioner's reply will
be placed before the Nagar Ayukta, Nagar Nigam, Bareilly and the Nagar
Ayukta will consider the matter and make appropriate and speaking
orders expeditiously.
Till the orders are made by the Nagar Ayukta, the petitioner's
constructions shall not be demolished.
The writ petition stands disposed of in terms of the orders aforesaid.
The Registrar (Compliance) is directed to communicate this order to the
WRIC No. 39392 of 2026
2
Nagar Ayukta, Nagar Nigam, Bareilly and the Executive Engineer, Nagar
Nigam, Bareilly, both through the learned Chief Judicial Magistrate,
Bareilly within 24 hours.
(Indrajeet Shukla,J.) (J.J. Munir,J.)
September 29, 2026
S.P.
Digitally signed by :-
SANJAY PURI
High Court of Judicature at Allahabad
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