Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:22825-DB Court No. - 3 Case :- WRIT - C No. - 4158 of 2025 Petitioner :- Shane Aalam Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Saiyad Iqbal Ahmed Counsel for Respondent :- C.S.C.,Saurabh Tiwari Hon'ble Anjani Kumar Mishra,J. Hon'ble Jayant Banerji,J.
1. Heard counsel for the petitioner and Shri Saurabh Tiwari, who appears for the Nagar Palika Parishad.
2. Challenge in the writ petition is to a notice dated 25.10.2024 issued by the Executive Officer, Nagar Palika Parishad, Sambhal, the fourth respondent.
3. The notice calls upon the petitioner to remove his unauthorised occupation over a road side area. The notice states that earlier in time permission was granted to the father of the petitioner to set up temporary road side shops, but that permission expired on his death. Therefore, the shops set up by the petitioner are totally unauthorised.
4. Counsel appearing for the Nagar Palika Parishad has submitted that a civil suit filed by the petitioner for permanent injunction wherein the defendant no.5 is the Nagar Palika Parishad, is pending consideration. However, the application for interim injunction was rejected against which a miscellaneous appeal has been filed, which is pending but no interim order is operating therein.
5. In our consideration opinion, the petitioner is already availing a remedy available to him under law and, therefore, there is no justification for entertaining this writ petition which would amount to parallel proceedings for the same cause of action.
6. The writ petition is, accordingly, dismissed. Order Date :- 18.2.2025 SK Digitally signed by :- SUSHEEL KUMAR High Court of Judicature at Allahabad