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2025 DAILYLAW 153635 (ALL)

AYAZ AHMAD AND 3 OTHERS v. STATE OF U.P. THRU. ITS PRIN. SECY. DEPTT. URBAN DEVELOPMENT LKO. AND 5 OTHERS

WRIC/7003/2025 · 2025-07-22

Manish Kumar, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:41898-DB Court No. - 2 Case :- WRIT - C No. - 7003 of 2025 Petitioner :- Ayaz Ahmad And 3 Others Respondent :- State Of U.P. Thru. Its Prin. Secy. Deptt. Urban Development Lko. And 5 Others Counsel for Petitioner :- Sayyed Farooq Ahmad,Mohammad Zaheen Siddiqui,Vinod Kumar Yadav Counsel for Respondent :- C.S.C.,Surendra Kumar Singh Hon'ble Rajan Roy,J. Hon'ble Manish Kumar,J. Heard learned counsel for the petitioners, learned Standing Counsel for the State and Sri Surendra Kumar Singh, learned counsel for the Nagar Panchayat. The petitioners may respond to the notice dated 15.07.2025 which shall be treated as show cause notice taking all such pleas as may be permissible in law, which shall be considered. In this process, it shall be seen as to whether any exercise for removal of encroachment had been undertaken earlier, if so, what was the result thereof. Nevertheless, if there is a cause for proceeding further against the petitioners, demarcation exercise in the presence of the Officials/employees of the Nagar Panchayat and the Revenue Officials will be undertaken under the supervision of the SDM concerned and based on the result of the said exercise, further action if any, would be taken meaning thereby if it is found after the such demarcation, if required, that the structures mentioned in the notice exist on Gata No. 1565 then of course, further action for demolition can be taken. However, if it is found that it is not so, then the opposite parties would resist on taking any action. The response of the petitioners, as aforesaid would also be taken into consideration. Let the aforesaid exercise be completed at the earliest, say within fifteen days. Till such exercise is completed, the impugned notice shall not be acted upon. If an adverse decision is taken against the petitioners for demolition, they shall be informed about the same and that decision shall be implemented after one week of the petitioners being informed so that they may avail the remedies if any prescribed under the law. The judgment of Hon'ble the Supreme Court dated 30.11.2024 rendered in W.P. (Civil) No. 295 of 2002 and connected writ petition shall be adhered in the aforesaid exercise as far as it may be applicable. If still aggrieved, the petitioners can avail any other remedy as may be permissible in law. Writ petition is disposed of accordingly. [Manish Kumar, J.] [Rajan Roy,J] Order Date :- 22.7.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench