Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 27789 (ALL)

SHAJUDDIN v. STATE OF U.P. AND 6 OTHERS

WRIC/7004/2025 · 2025-04-28

Anjani Kumar Mishra, Jayant Banerji

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:66141-DB Court No. - 3 Case :- WRIT - C No. - 7004 of 2025 Petitioner :- Shajuddin Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Brij Raj,Jai Prakash Singh Counsel for Respondent :- C.S.C. Hon'ble Anjani Kumar Mishra,J. Hon'ble Jayant Banerji,J. 1. Heard learned counsel for the petitioner and learned standing counsel for the State. 2. The writ petition has framed for quashing the notice dated 03.01.2025 issued by the Executive Engineer, Nagar Palika Katra, District Shahjahanpur. The notice (Annexure-1 to the writ petition) has been called from the petitioner to vacate plot no.1406 over which the petitioner is running business. 3. Today, learned counsel for the petitioner wants to file amendment application because during the pendency of writ petition demolition has been carried out by the respondents. He wants to amend the writ petition, seeking also the relief of restitution and restoration of the status. It may be noted that the petitioner alleges to be the tenant and not the owner of the property in question. 4. We are of the considered opinion that the relief of restitution cannot be granted by the writ court and that proper remedy for the petitioner is by means of a suit under the common law. 5. Subject to above observation, the writ petition is dismissed. Order Date :- 29.4.2025 Asha Digitally signed by :- ASHA High Court of Judicature at Allahabad Digitally signed by :- ASHA High Court of Judicature at Allahabad Digitally signed by :- ASHA High Court of Judicature at Allahabad Digitally signed by :- ASHA High Court of Judicature at Allahabad