HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 33532 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard learned counsel for the petitioners, learned Standing Counsel for respondent nos.1 & 2 and Sri Shashi Kant Mishra, learned counsel for the respondent no.3. 2. The petitioners by means of the present writ petition has assailed the notice dated 19.06.2025 issued by respondent no. 3. 3. The petitioners claim that they are allottee of Shop Nos. 8 and 4/1 Indira Market, Mungra Badshahpur, District Jaunpur. The petitioners have been issued impugned notice dated 19.06.2025 directing them to vacate the shops in question as the shops in question is in a dilapidated condition and can collapse at any time. 4. The contention advanced by the learned counsel for the petitioners is that petitioners are lawful allottees of the shops in question, and impugned notice has been issued to the petitioners without giving any notice and opportunity of hearing to the petitioner. It is submitted that the impugned notice/order does not reflect any basis on which, the authority has concluded that the shops in question is in a dilapidated condition. It is further contended that the shop in question is not in a dilapidated condition and authorities have adopted an illegal mean to evict the petitioners from the shops in question. 5. Shashi Kant Mishra, learned counsel for respondent no.3 submits that an inspection was carried by the Public Works Department and in the report, it is stated that the shops in question is in a dilapidated condition. Versus Counsel for Petitioner(s) : Akhilesh Kumar Singh Counsel for Respondent(s) : C.S.C., Shashi Kant Mishra Jabbar And Another .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) 6. Be that as it may, it is not in dispute that the shops in question have been allotted to the petitioners by the Nagar Palika Parishd, Jaunpur. The petitioners are lawful allottees of the shops in question, and therefore, they cannot be evicted except in accordance with law. 7. Since, the impugned notice/order has been passed without giving any notice and opportunity of hearing to the petitioners, therefore, in such view the fact, the impugned notice/order cannot be sustained in law. Accordingly, impugned notice dated 19.06.2025 is set aside with liberty to the respondent no.3-Executive Officer, Nagar Palika Parishad, Mungra Badshahpur, District Jaunpur to pass fresh order strictly in accordance with law after giving due notice and opportunity of hearing to the petitioners and after supplying them all the materials which are being relied upon by the respondent no.3 against the petitioners. 8. Thus, for the reasons given above, the writ petition is allowed with no order as to costs. September 23, 2025 NS WRIC No. 33532 of 2025 2 (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) Digitally signed by :- NITIN KUMAR High Court of Judicature at Allahabad