ZILA ADHYAKSH ZILA SAMAJWADI PARTY AND ANOTHER v. STATE OF U.P. AND 4 OTHERS
WRIC/33972/2025 · 2025-10-27
body2025
DailyLaw.ai
[ 2025 DAILYLAW 171519 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 171519 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 33972 of 2025
Court No. - 39 HON'BLE ARINDAM SINHA, J.
HON'BLE SATYA VEER SINGH, J.
1. Mr. M.C. Chaturvedi, learned senior advocate, Additional Advocate General appears on behalf of State and submits, the property belongs to State. Impugned order dated 12th September, 2025 speaks of it. Petitioners are to vacate the property.
2. Mr. Shashi Nandan, learned senior advocate appears on behalf of petitioners. He had moved the writ petition on 9th September, 2025. Paragraph-1 from order made that day is reproduced below.
"1. Mr. Shashi Nandan, learned senior advocate appears on behalf of petitioner and submits, impugned is order dated 12th September, 2025 of respondent no.2 (the District Magistrate), directing his client's eviction within two weeks thereof. He submits, the property belongs to respondent no.3 (the Nagar Nigam) and his client is lawful tenant. He seeks interference, interim at this stage."
3. We are clear that petitioners have rent receipts to show their entry into the property. Mr. Nandan submits, his clients also have allotment from the Nagar Nigam. Law is well settled that a tenant is estopped from challenging title of his landlord. In the circumstances, State must take such steps as it may be advised since, impugned order cannot be sustained.
4. Order dated 12th September, 2025 made by respondent no. 2 against petitioners is set aside and quashed. The writ petition is Versus Counsel for Petitioner(s) : Ashish Kumar Singh, Vineet Vikram Counsel for Respondent(s) : C.S.C., Shyam Mani Shukla Zila Adhyaksh Zila Samajwadi Party And Another .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s)
disposed of. (Arindam Sinha,J.)
(Satya Veer Singh,J.) October 28, 2025 Shiraz WRIC No. 33972 of 2025 2
Digitally signed by :- SHIRAZ ALI High Court of Judicature at Allahabad