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Judgment
This Writ Petition is filed alleging interference by respondent No.4 with the construction being undertaken by the petitioner on the ground that F.I.R.No.680 of 2026, dated 10.07.2026, has been registered against him.
Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home, appearing for respondents No.1 to 4.
Learned counsel for the petitioner submitted that the petitioner has obtained the necessary permission from the competent authority and commenced construction in accordance therewith. It is submitted that, on the complaint lodged by respondent No.5, F.I.R.No.680 of 2026 has been registered against the petitioner and, under the guise of investigation, the respondent-police are not permitting the petitioner to proceed with the construction and are also threatening to remove the construction material.
Learned Assistant Government Pleader for Home, on instructions, submitted that a complaint was lodged by respondent No.5, pursuant to which F.I.R.No.680 of 2026 has been registered. It is further submitted that a notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”) has already been issued to the petitioner and that the allegation against the petitioner is that he has encroached upon the land belonging to respondent No.5.
Having regard to the fact that notice under Section 35(3) of the BNSS has already been issued in compliance with the guidelines laid down by the Hon’ble Supreme Court in Arnesh Kumar v. State of Bihar1, this Court directs the petitioner to submit his explanation, if any, before the Investigating Officer on or before 07.08.2026. Upon receipt of such explanation, the respondent police shall consider the same and proceed strictly in accordance with law.
With the above observations and directions, this Writ Petition is disposed of. There shall be no order as to costs.
Miscellaneous applications, if any, pending shall stand closed.
(2014) 8 SCC 273