SMT. SANTOSH AGARWAL AND 2 OTHERS v. THE CHAIRMAN LKO. DEVELOPMENT AUTHORITY /COMMISSIONER LKO. AND ANOTHER
WRIC/9603/2025 · 2025-09-24
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 167997 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 167997 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9603 of 2025 Court No. - 6 HON'BLE PANKAJ BHATIA, J.
1. Heard, learned counsel for the petitioner and Shrui Ratnesh Chandra,
learned counsel appearing for the respondent nos.1 and 2.
2. The present petition has been filed by the petitioner, alleging that the demolition order dated 11.07.2025, passed in Case No. 732/2024, was issued against Shri Pramod Garg, the father of the petitioner, who died on
02.03.2020.
3. The contention of the learned counsel for the petitioner is that the impugned order, having been passed against a deceased person, is a nullity in the eyes of law. It also transpired from the record that the petitioner has preferred an appeal against the said order, which is currently pending
consideration.
4. Learned counsel for the respondent does not dispute the fact that Shri Pramod Garg had died.
5. In view of the common ground that the order was passed against a deceased person, the order cannot be sustained and is therefore quashed, being a nullity in the eyes of law. The respondent is at liberty to take fresh steps for passing a fresh order in accordance with the law, if so advised. The
order dated 11.07.2025 is hereby set aside. Insofar as it relates to the heir of Versus Counsel for Petitioner(s) : Vishwakant Srivastava, Anchal Srivastava, Shasank Sonu Counsel for Respondent(s) : Ratnesh Chandra Smt. Santosh Agarwal And 2 Others .....Petitioner(s) The Chairman Lko. Development Authority /Commissioner Lko. And Another .....Respondent(s)
Shri Pramod Garg.
6. With the aforesaid, the petition is disposed of. September 24, 2025 Haseen U.
WRIC No. 9603 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench