PHOOL SINGH @ FUL SINGH v. STATE OF U.P. AND 3 OTHERS
WRIC/6787/2025 · 2025-03-17
Anjani Kumar Mishra, Jayant Banerji
body2025
DailyLaw.ai
[ 2025 DAILYLAW 26485 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 26485 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:38139-DB Court No. - 3 Case :- WRIT - C No. - 6787 of 2025 Petitioner :- Phool Singh @ Ful Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Yash Pratap Singh Counsel for Respondent :- C.S.C. Hon'ble Anjani Kumar Mishra,J. Hon'ble Jayant Banerji,J. Heard learned counsel for the petitioner and counsel appearing for the respondent-municipality. This petition has been filed seeking the following reliefs:-
"(i). Issue a Writ, order or direction in the nature of mandamus commanding and directing to restrain the respondent no. 3 and 4 from doing any further demolition and illegal possession over the Arazi No. 1669, situated at Paschim Tehsil-Manjhanpur, District-Kaushambi. (ii). Issue a Writ, order or direction in the nature of mandamus commanding and directing the respondent no. 2 to consider the representation of the petitioner dated 13.12.2024, after giving opportunity of hearing to the petitioner, within some stipulated of time." The contention of learned counsel for the petitioner is that without any notice, the house and some portion of the tube well of the petitioner has been demolished. Therefore the instant petition has been filed to restrain the respondent Nos.3 & 4 for undertaking any further demolition. In this regard a representation dated 13.12.2024 has also been moved but before the District Magistrate. Be that as it may, in our considered opinion, what the petitioner seeks to rake up here are disputed question of fact. Moreover once demolition has taken place, it would be in the fitness of things, in case the petitioner is so advised, to file a suit for damages. Leaving it open for the petitioner to approach the proper forum seeking his remedy, this petition is disposed of. Order Date :- 18.3.2025 Himanshu Digitally signed by :- HIMANSHU YADAV High Court of Judicature at Allahabad