Allahabad High Court
WRIC/18594/2026 of TARA GUPTA Vs STATE OF UP AND 3 OTHERS on 11 May 2026
JUDICATURE AT ALLAHABAD WRIT - C No. - 18594 of 2026 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE GARIMA PRASHAD, J. 1. Heard learned counsel for the petitioner and the learned Standing Counsel for the State. 2. Petitioner by means of the present writ petition has assailed the public
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 18594 of 2026
Court No. - 40
HON'BLE SARAL SRIVASTAVA, J.
HON'BLE GARIMA PRASHAD, J.
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1. Heard learned counsel for the petitioner and the learned Standing Counsel for the State.
2. Petitioner by means of the present writ petition has assailed the public notice dated 03.07.2025 issued by the Assistant Engineer, Provisional Division Public Works Department Varanasi holding that the husband of the petitioner is an unauthorised occupant, and accordingly he has directed the petitioner to remove the encroachment.
3. It is contended that the Assistant Engineer, Provisional Division, Public Works Department Varanasi has no jurisdiction to issue such a notice inasmuch as if the petitioner has encroached upon the public land, the remedy available to the respondents is that the notice may be issued under the Uttar Pradesh Premises (Eviction of Unauthorised Occupants) Act, 1972 by the prescribed authority and thus the notice impugned herein is without jurisdiction.
4. We, prima facie, find substance in the arguments of the learned counsel for the petitioner and based on the aforesaid contentions we entertain the present writ petition.
5. Accordingly, considering the facts and circumstances of the case, we dispose off the writ petition permitting the petitioner to file a detailed representation ventilating all her grievances along with certified copy of this order before the respondent No.4/Chairman, Public Works Department,Varanasi within a period of one month from today. In case such Versus Counsel for Petitioner(s) : Manish Singh, Sushma Singh Counsel for Respondent(s) : C.S.C. Tara Gupta .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
a representation is filed, the respondent No.4, after giving due opportunity of hearing to the petitioner, shall decide the same strictly in accordance with law within a period of one month from the date he receives said representation.
6. For a period of two months from today or till the representation is decided, whichever is earlier, no coercive steps in respect of the possession of the petitioner shall be taken pursuant to the impugned public notice dated 03.07.2025. May 12, 2026 NS WRIC No. 18594 of 2026 2 (Garima Prashad,J.) (Saral Srivastava,J.) Digitally signed by :- NITIN KUMAR High Court of Judicature at Allahabad