Hon’ble Alok Singh, J (Oral)

Present petition is filed assailing the notice/ order dated 23.02.2015 (Annexure 1 to the writ petition) passed by respondent whereby petitioner was directed to remove the encroachment from Government / Municipal land.

2. Perusal of the impugned order would reveal that no measurement is given in the notice whereupon petitioner has illegally made encroachment.

3. Mr. B.S. Parihar, learned counsel for the petitioner, submits that petitioner has raised construction over plot nos. D 5 & D 5/1, after getting the map sanctioned vide order dated 31.07.2007; Nagar Nigam had kept a dustbin in front of the Hotel of the petitioner illegally; therefore, petitioner was compelled to file O.S. No. 71 of 2010 in the Civil Court, (JD), Rudrapur, suit was decreed vide judgment and decree dated 23.11.2011; matter was ultimately came before this Court in second appeal no. 78 of 2013, second appeal was disposed of vide judgment and order dated 02.07.2014, in the light of statement made by Counsel for the Nagar Nigam that dustbin shall be removed and shall be kept at a distance of 40 ft. from the hotel of the petitioner.

4. Mr. B.S. Parihar, Advocate for the p