AFROZ ALI AND 4 OTHERS v. STATE OF U.P. AND 4 OTHERS
WRIC/8905/2025 · 2025-04-08
Anjani Kumar Mishra, Jayant Banerji
body2025
DailyLaw.ai
[ 2025 DAILYLAW 32796 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 32796 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:52072-DB Court No. - 3 Case :- WRIT - C No. - 8905 of 2025 Petitioner :- Afroz Ali And 4 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Mohd. Ishraque Farooqui,Shailendra Counsel for Respondent :- C.S.C. Hon'ble Anjani Kumar Mishra,J. Hon'ble Jayant Banerji,J.
1. Heard counsel for the petitioners and the counsel appearing for respondent nos. 4 and 5.
2. Challenge in this petition is to a communication dated 7.2.2025, issued by the Executive Officer, Nagar Panchayat, Katra, Shahjahanpur against the petitioners.
3. This communication states that Plot No. 1349 is a non-Z.A. government property in the form of a pond. The nature of the pond has been changed and same has been encroached upon by the petitioners. The petitioners have, therefore, been advised to remove their encroachments, failing which legal proceedings shall be drawn against them.
4. The contention of the learned counsel for the petitioners is that there exist a decree of the Civil Court in their favour in a suit for permanent injunction filed by them.
5. Be that as it may, in case there exists a decree in favour of the petitioners, it is open for them to rely upon it as and when any legal proceedings are taken against them by the Nagar Panchayat.
6. Subject to above, this petition stands disposed of. Order Date :- 9.4.2025 sfa/ Digitally signed by :- SYED FAHEEM AHMAD High Court of Judicature at Allahabad