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2025 DAILYLAW 24331 (ALL)

SMT. ANISA v. STATE OF U.P. AND 3 OTHERS

WRIC/6054/2025 · 2025-03-02

Anjani Kumar Mishra, Jayant Banerji

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:29263-DB Court No. - 3 Case :- WRIT - C No. - 6054 of 2025 Petitioner :- Smt. Anisa Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohd. Afzal,Shivangi Singh Counsel for Respondent :- C.S.C.,Shyam Mani Shukla Hon'ble Anjani Kumar Mishra,J. Hon'ble Jayant Banerji,J. 1. Heard counsel for the petitioner and Shri Shyam Mani Shukla, who appears for the respondent nos. 2, 3 and 4. 2. Challenge in the writ petition is to a notice issued to one, Ibrahim Usmani, calling upon him to justify the constructions raised by him which, prima facie, according to the Authority issuing the notice are encroachments. 3. The first submission of the counsel for the petitioner is that Ibrahim Usmani is dead and therefore, the notice is not valid. The purpose of a notice is to intimate a party about the contents of the notice. The petitioner claims to be the widow of Ibrahim Usmani and she definitely has notice. 4. Under the circumstances, in our considered opinion, even though the notice has been issued in the name of the petitioner's late husband, and specially since the petitioner is aware of the notice and its contents and is claiming through Ibrahim Usmani, she can be permitted to reply to the same raising all objections. Even otherwise, we find that the notice calls upon the noticee to appear before the Authority issuing the notice along with documentary evidence as regards the constructions raised. 5. Since, the petitioner has opportunity of replying to the notice, we do not find it a fit case for interference at this stage. This petition is disposed of leaving it open for the petitioner to rebut the allegations in the notice by a proper reply, in case so advised. Order Date :- 3.3.2025 A. V. Singh Digitally signed by :- AJAY VIKRAM SINGH High Court of Judicature at Allahabad