Neutral Citation No. - 2025:AHC-LKO:48701-DB Court No. - 2 Case :- WRIT - C No. - 7977 of 2025 Petitioner :- Piyush Soni And Another Respondent :- State Of U.P. Thru. Addl. Chief Secy./Prin.Secy. Deptt. Of Housing And Urban Planning Lko. And Ors. Counsel for Petitioner :- Hemant Kumar Mishra,Abhishek Mishra,Arti Ganguly Counsel for Respondent :- C.S.C.,Indrajeet Shukla,Umesh Chandra Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioners, learned Standing Counsel, who appears for the State/respondent, Shri Indrajeet Shukla, learned counsel for opposite party nos.2 & 3 as well as Shri Umesh Chandra, learned counsel for opposite party no.4 and perused the record. 2. In view of the order proposed to be passed, issuance of notice to respondent No.5 is hereby dispensed with. 3. This writ petition has been filed by petitioners with following main prayers: "(i) To issue a writ order or direction in the nature of CERTIORARI quashing the impugned notice dated 31.07.2025 issued by the Opposite Party No. 3 for vacating the shop no. 2 situated at Gandhi Chowk, Nagar Palika Parishad, Nawabganj, district Gonda, which was legally allotted to the Petitioners in the auction proceeding held on 30.09.2020, contained as Annexure no. 1 to the Writ Petition. (ii) To issue a writ order or direction in the nature of MANDAMUS directing the Opposite Party No. 2 and 3 to not implement the impugned notice dated 31.07.2025 issued by the Opposite Party No. 3 and allow the Petitioners to continue run their business at shop no. 2 situated at Gandhi Chowk, Nagar Palika Parishad, Nawabganj, district Gonda for that they have already obtained a valid agreement and constructed the shop with permission of the Opposite Party No. 2 and 3." 4. It has been submitted by learned counsel for the petitioner that opposite party no.3 i.e. Executive Officer, Nagar Palika Parishad, Nawabganj, District Gonda has issued impugned notice directing the petitioner to vacate Shop No.2 situated at Gandhi Chowk, Nagar Palika Parishad, Nawabganj, Gonda, which was allotted to the petitioners on 07.10.2020 only on the basis of ex parte decree passed in Regular Suit No.431 of 2019 (Smt. Devi and another versus Nagar Palika Parishad, Nawabganj, Gonda) filed by opposite party no.4, wherein opposite party no.4 was plaintiff no.2 and the mother of opposite party no.4 is the plaintiff no.1. 5. 5. It has also been submitted that since the petitioners were not impleaded as defandants in the said suit, they could not place before the Civil Judge (Senior Division), Gonda the fact of regular auction being held for Shop No.2 and 3 in which opposite party no.4 had also participated and the petitioners have been declared successful. Had it been impleaded as defandant, they would also brought to the notice of the Civil Judge (Senior Division), Gonda that they had constructed shop after due approval and permission of the Nagar Palika Parishad. Now only because of the Civil Judge (Senior Division), Gonda passed an order/decree dated 30.11.2024 without the petitioners being impleaded in the said suit, the petitioners are being evicted from the shop in question. 6. Learned Standing Counsel appearing for the State/respondent has pointed out that the petitioners can always file objection in the execution case, if any, filed by opposite party no.4 for execution of ex parte decree dated 30.11.2024. They have also remedy of filing a suit for declaration of their rights before the civil court. 7. We find from perusal of the decree that the petitioners were not party in the said suit, therefore, such a decree cannot be made applicable to them although it is binding on the Nagar Palika Parishad, Nawabganj, District Gonda. 8. The writ petition is disposed of with liberty to the petitioners to approach civil court concerned. . (Brij Raj Singh,J.) (Sangeeta Chandra,J.) Order Date :- 20.8.2025 Anupam S/- Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench