DR. JAMAL RIZVI AND 7 OTHERS v. STATE OF U.P. AND 6 OTHERS
WRIC/2869/2025 · 2025-02-05
Anjani Kumar Mishra, Jayant Banerji
body2025
DailyLaw.ai
[ 2025 DAILYLAW 12235 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 12235 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:17370-DB Court No. - 3 Case :- WRIT - C No. - 2869 of 2025 Petitioner :- Dr. Jamal Rizvi And 7 Others Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Jayant Prakash Singh Counsel for Respondent :- C.S.C.,Punit Kumar Gupta,Saurabh Tiwari Hon'ble Anjani Kumar Mishra,J. Hon'ble Jayant Banerji,J. Heard learned counsel for the petitioners, counsel representing respondent no.5, Nagar Palika Parishad, Sambhal and Shri Punit Kumar Gupta, counsel for the respondent no.6 and learned Standing Counsel. The writ petition seeks the following relief:-
"I. Issue a writ, order or direction in the nature of mandamus directing the Respondent no.1 to 5 not to demolish the shops of the petitioners situated at the compound of Masjid Kotwali, registered Waqf No.388, Moradabad (Now Sambhal), Mohalla Sher Khan Sarai Tahsil and District Sambhal, without due procedure, without giving any prior notice or opportunity of hearing to the petitioners in a arbitrary manner." Along with the petition, annexed at page 69 of the paper book, (Annexure-8) is an order of the Apex Court in Writ Petition (Civil) No.1294 of 2020. In paragraph 29 of this judgment, general directions have been issued by the Apex Court. The manner for enforcement of the directions is provided in paragraph 30 of the said judgment. Even paragraph 31 of this
judgment contains directions. The contention of learned counsel for the petitioners is that despite the judgment of the Apex Court aforesaid, the respondents are not following the directions. Be that as it may, in case, directions of the Apex Court are being flouted, the remedy lies is by means of proceedings for contempt and not by means of the instant writ petition. For the same reason, we refuse to interfere in the matter. The writ petition is accordingly dismissed.
Order Date :- 6.2.2025 Mayank Digitally signed by :- MAYANK KUMAR SHARMA High Court of Judicature at Allahabad Digitally signed by :- MAYANK KUMAR SHARMA High Court of Judicature at Allahabad Digitally signed by :- MAYANK KUMAR SHARMA High Court of Judicature at Allahabad Digitally signed by :- MAYANK KUMAR SHARMA High Court of Judicature at Allahabad