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2025 DAILYLAW 185702 (ALL)

HIMANSHU SHEKHAR v. STATE OF U.P. THRU. DISTT. MAGISTRATE DISTT. BALRAMPUR AND 3 OTHERS

WRIC/11757/2025 · 2025-12-03

Amitabh Kumar Rai, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11757 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard learned counsel for the petitioner, learned Standing Counsel, who appears on behalf of respondent Nos.1, 2 and Shri Jalaj Kumar Gupta, learned counsel, who appears on behalf of respondent Nos.3, 4. 2. This petition has been filed with the following prayers :- "I. Issue a writ, order or direction in the nature of certiorari to quash the impugned notice dated 24.05.2025 vide letter no.229/NPP Utraula/notice/2025/26, issued by Executive Officer, Nagar Palika Parishad, Utraula, District Balrampur/Opposite Party No.4, (As contained in Annexure No.1) to this writ petition). II. Issue a writ, order or direction in the nature of mandamus commanding the opposite parties not to dispossess the petitioner forcibly from his Shop No.69(20), which is situated in Palika Bazar Utraula, District Balrampur and subject matter of rent/lease deed dated 14.12.1990. III. Issue a writ, order or direction in the nature of mandamus commanding the opposite parties not to demolish the Shop No.69(20), which is situated in Palika Bazar Utraula, District Balrampur and subject matter of rent/lease deed dated 14.12.1990. IV. Issue any other suitable order or direction which this Hon'ble Court may deem fit, just and proper under the circumstances of the case may also be passed in favour of the petitioner. V. Allow the petition of petitioner with cost." Versus Counsel for Petitioner(s) : Abdul Samad Counsel for Respondent(s) : C.S.C., Jalaj Kumar Gupta Himanshu Shekhar .....Petitioner(s) State Of U.P. Thru. Distt. Magistrate Distt. Balrampur And 3 Others .....Respondent(s) 3. It is the case of the petitioner that he was allotted a shop by the Nagar Palika Parishad outside its campus on south-western entry, but now he has received a notice for removal of the shop on the ground that the entry into the Nagar Palika Parishad compass is too narrow and prevents fire engines from entering into the gate in case of any emergency. 4. We have gone through the notice dated 24.05.2025 and we find that the Nagar Palika Parishad had issued a notice on 28.11.2024 and then a second notice was issued on 11.12.2024 and a third notice was issued to the petitioner on 05.03.2025 to remove his shop. However, he did not take care to even reply to the said notices. Now, a fourth and final notice has been issued on 24.05.2025. The said notice was issued more than seven months ago, but the petitioner has approached this Court only now and prays for interim relief to stay the impugned notice dated 24.05.2025. 5. We find no good ground to stay the notice dated 24.05.2025, as the reasons cited by the Executive Officer in the notice dated 24.05.2025 appear to be genuine. 6. At this stage, the learned counsel for the petitioner submits that he has filed objections to the notice on 02.06.2025. The respondents may be directed to decide such objections before proceedings further in pursuance of the notice dated 24.05.2025. 7. Accordingly, we dispose of this writ petition with a direction to the respondent No.4 to decide the objections made by the petitioner on 02.06.2025, in accordance with law, by giving a proper opportunity of hearing to the petitioner within a period of eight weeks from the date a copy of this order is produced before him. December 3, 2025 Shubhankar WRIC No. 11757 of 2025 2 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench