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Allahabad HC Orders Removal of Unauthorized Advocate Chambers Near Lucknow Court, Says Notice Not Mandatory in Such Cases

Shivam Y.

Allahabad High Court directs urgent removal of illegal encroachments near Lucknow court, noting 72 unauthorized structures, while continuing hearing in related FIR dispute. - Anuradha Singh and Others vs State of U.P. and Others

Allahabad HC Orders Removal of  Unauthorized Advocate Chambers Near Lucknow Court, Says Notice Not Mandatory in Such Cases
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In a significant development, the Allahabad High Court has raised serious concerns over illegal encroachments near the District and Sessions Court premises in Lucknow. While hearing a criminal writ petition, the Court not only reviewed allegations surrounding an FIR dispute but also turned its focus toward widespread unauthorized constructions in the area.

Background of the Case

The case, Anuradha Singh and Others vs State of U.P. and Others, arose from a petition challenging an FIR registered under provisions of the SC/ST Act and Bharatiya Nyaya Sanhita. The petitioners two practicing advocates and a family member alleged that the FIR was filed as a counterblast following earlier disputes involving illegal activities near their residence.

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According to the petitioners, a prior incident dated August 30, 2025 had already led to an FIR lodged by them, and a charge sheet was subsequently filed against certain individuals, including the complainant in the present matter. They argued that the later FIR was delayed and lacked proper verification before being ordered by the Special Judge.

The Court had earlier granted interim protection, directing that no coercive steps be taken against the petitioners.

During the hearing, the bench comprising Justice Rajesh Singh Chauhan and Justice Rajeev Bharti examined a report submitted by the Lucknow Nagar Nigam. The report revealed a striking detail-as many as 72 encroachments in the area, most of them by advocates, along with shops operating for photocopying, typing, and refreshments.

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The Court noted the hesitation of municipal authorities in taking immediate action due to the involvement of advocates. However, it made its stance clear.

“The rule of law must be enforced immediately to remove such encroachments,” the bench observed, emphasizing that illegal occupation of public pathways cannot be tolerated.

The judges further clarified that while notice is generally required before demolition of authorized structures, unauthorized encroachments on public land can be removed without prior notice in appropriate cases.

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The Court directed the Lucknow Nagar Nigam to initiate legal proceedings against the encroachers without delay. It also instructed that:

  • Notices must be served to the encroachers or affixed on the structures if not received.
  • Public notices should be published in widely circulated Hindi and English newspapers.
  • If necessary, assistance from the district administration and police must be sought.

The Court stressed that the entire process should be carried out expeditiously and transparently.

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On the criminal side of the case, the Court took note of the ongoing investigation. The Investigating Officer assured the bench that the probe is being conducted strictly in accordance with law and that progress would be reported in the next hearing.

Counter affidavits from the State and the complainant have also been placed on record.

The matter has been listed for further hearing on April 7, 2026. The Court directed the municipal authorities to file a detailed compliance report on steps taken to remove encroachments.

Case Details

Case Title: Anuradha Singh and Others vs State of U.P. and Others

Case Number: Criminal Misc. Writ Petition No. 713 of 2026

Judges: Justice Rajesh Singh Chauhan, Justice Rajeev Bharti

Decision Date: March 11, 2026