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2025 DAILYLAW 25312 (ALL)

GHANSHYAM VISHWAKARMA AND 4 OTHERS v. STATE OF U.P. AND 3 OTHERS

WRIC/12588/2025 · 2025-05-06

Anjani Kumar Mishra, Jayant Banerji

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:73724-DB Court No. - 3 Case :- WRIT - C No. - 12588 of 2025 Petitioner :- Ghanshyam Vishwakarma And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Noor Alam Ansari,Suhel Ahmad Azmi Counsel for Respondent :- C.S.C. Hon'ble Anjani Kumar Mishra,J. Hon'ble Jayant Banerji,J. Heard. The writ petition seeks a writ of certiorari for quashing the notice for payment of arrears of rent/premium issued by the second respondent and a consequent recovery notice. The amounts sought to be recovered are the arrears of rent payable by the petitioners for the shops allotted to them. On the one hand, it is sought to be contented that the recovery is illegal inasmuch as the petitioners were never put in possession of the shops allotted to them as they were in the occupation of unauthorized occupants, while on the other hand, relief no.2 prayed for in the writ petition is a mandamus directing the respondent-authorities not to dispossess and evict the petitioners from the shops allotted to them. The two reliefs prayed for in the present writ petition are absolutely clearly contradictory to one another, and each cannot be granted to the petitioners in view of the other relief prayed for. In the afore-noted factual background, this Court is of the opinion that the petition is misconceived. It is, therefore, dismissed. Order Date :- 7.5.2025 Mayank Digitally signed by :- MAYANK KUMAR SHARMA High Court of Judicature at Allahabad