HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9332 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard Shri Dr. R. S. Pandey, learned Senior Advocate assisted by Shri Dhirendra Bhatt, for the petitioners, Shri K.K. Singh, learned Counsel, who appears for the Nagar Palika Parishad-opposite party nos. 1 and 2 and learned standing counsel for respondent nos.3, 4 and 5. 2. This writ petition has been filed by petitioners with following main prayer: "(I). issue a writ, order or direction in the nature of certiorari quashing the notice dated 08.09.2025 issued by opposite party no.2 as contained in Annexure no.1 to this writ petition ; (ii). issue a writ, order or direction restraining the opposite parties no. 1 to 5 from demolishing or removing the Mazaar of Baba Shaheed Mardshah existing over Plot no.7312 situated at village Balrampur, Pargana and Tehsil and District Balrampur." 3. In view of the order proposed to be passed, issuance of noitce to respondent no. 6 is dispensed with. 4. It is the case of the petitioner that a notice has been issued by the Nagar Palika Parishad on 08.09.2025 for removing and demolishing the Baba Shaheed Mard Shah Mazar popularly known as Mazaar Shareef which has been existing over plot No.7312 for the last more than 70 years. The plot no.7312 is situated in the city of Balrampur is a part and parcel of Khewat of erstwhile Maharaja Dharmendra Prasad Singh and out of Plot No.7312, area 0.22 acre is recorded as Rasta and remaining area is occupied by various persons whose houses have been constructed and paying house tax to the Nagar Palika Parishad. There are at least seven persons whose houses are situated over plot No.7312. The Mazaar is also situated on the said plot no.7312. Versus Counsel for Petitioner(s) : Ankit Pande, Virendra Bhatt Counsel for Respondent(s) : C.S.C. Mohd.Mohsin @ Mohasin And 3 Others .....Petitioner(s) Nagar Palika Parishad Balrampur Thru. Chairman And 5 Others .....Respondent(s) 5. Notice has been issued by the opposite party no.2 for removing the Mazaar in question but no notice has been issued to the house owners and house tax and other dues are being accepted by Nagar Palika Parishad, Balrampur. It has also been submitted that one Hanuman temple and Shiv temple are also situated in the middle of the Rasta in plot no. 7337, which is recorded as road in khatauni and khasra but no action has been taken for removing and demolishing such temples, which amounts to discrimination on the basis of religion. The respondents are trying to disturb the peace and harmony of the Society and City of Balrampur by removing the Mazaar. It has also been argued that every year, Urs Sharif is being organised over the Mazaar in question for which permissions have been granted from time to time by the State respondents and a copy of such permissions w.e.f. 2021 to 2025 have been collectively filed as Annexure 9 to the writ petition. The action of the Officials issuing notice for removing and demolition of Mazaar is malicious in nature. 6. Shri K.K. Singh, learned Counsel for Nagar Palika Parishad on the basis of instructions received states that the land in question belongs to Nagar Palika Parishad, Balrampur and has been vested under section 116-B of the Municipalities Act, 1916. 7. Having heard learned counsel for the parties, we are of the considered opinion that no religious or commercial structure can be allowed to be constructed on pubic places/public path/public rasta as has been directed repeatedly by the Hon'ble Supreme Court in its orders rendered in Union of India vs. State of Gujarat and others (2011) 14 SCC 62. It has been directed by the Hon'ble Supreme Court in its order dated 31.01.2018, in the said SLP (C) No.8591 of 2006 that all District Collectors/District Magistrates shall be held personally responsible, if they allow unauthorised structures whether religious or commercial to stand on public ways/public path/public rasta. The Chief Secretaries of all the States of the country and the Union Territories and their Administrators have been issued directions in the said case of Union of India vs. State of Gujarat and others (Supra) and all the Chief Secretaries and Administrators have filed their affidavits indicating the State policy to not to allow any encroachment by any religious or commercial structures of public places/public path/public rasta. Some States have also submitted Rules they have framed in this regard. 8. Since the Supreme Court has disposed of the SLP (C) No.8591 of 2006 with a direction to the High Courts to monitor any unauthorised structures and to prevent such unauthorised structures to grow on public places, it becomes a bounded duty of this Court under Article 14 of the Constitution of India and in the aid and assistance of directions issued by the Supreme Court. 9. Learned counsel for the petitioner's argument regarding discrimination on the basis of religion, we are of the considered opinion that in case, there is any illegality being committed by the State-respondents, that would not give parity WRIC No. 9332 of 2025 2 to the petitioner under Article 14 of the Constitution. 10. We do not appreciate action of the State respondents in letting unauthorised structures to grow in public places and we dispose of this writ petition with a direction to the respondents to take appropriate measures to comply with the repeated directions of the Supreme Court in the case of Union of India vs. State of Gujarat and others (Supra). September 24, 2025 Pks WRIC No. 9332 of 2025 3 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench