AI Structured Summary
Not yet generated for this judgment
Judgment
(per Manoj Kumar Gupta, C.J.)
The petitioner has assailed a notice dated 02.07.2026, issued by Assistant Engineer (III), Provincial Division, PWD, Rudrapur, Udham Singh Nagar, wherein it is stated that the petitioner has encroached over government land and, consequently, he was required to submit his explanation within 15 days, failing which a final decision would be taken by the authorities in the matter.
The case of the petitioner is that he is occupying a shop, which was built by erstwhile Nagar Palika Parishad, Rudrapur, now Nagar Nigam, Rudrapur, on basis of allotment in his favor through a public auction. The further case of the petitioner is that he is regularly paying rent to Nagar Nigam, Rudrapur, and the demolition notice issued by PWD is wholly without jurisdiction.
Learned State Counsel submits that the impugned notice is merely a show cause notice and final decision is yet to be taken.
Mr. Dharmendra Barathwal, learned counsel appearing on behalf of the petitioner states that the petitioner would file his reply to the impugned show cause notice within one week.
Accordingly, the petitioner is granted a week's time to file reply to the show cause notice. Thereafter, the Competent Authority shall take decision in the matter within next two weeks. It is further provided that until final decision is taken in the matter, the petitioner shall not be dispossessed in pursuance of the impugned notice.
The writ petition stands disposed of.
Pending application(s), if any, stand disposed of accordingly.