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2025 DAILYLAW 35263 (ALL)

IRSHAD AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

WRIC/10644/2025 · 2025-04-09

Anish Kumar Gupta, Manoj Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:52748-DB Court No. - 21 Case :- WRIT - C No. - 10644 of 2025 Petitioner :- Irshad And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ayush Mishra,Pavan Kumar,Prabha Shanker Mishra Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The petitioners are aggrieved by a notice dated 24.02.2025 issued by the Prescribed Authority, Regulated Area, Dhampur, Bijnor requiring the petitioners to submit evidence relating to ownership of Shop nos.1, 2 and 3 and clarify about the status of existence of sanctioned building plan failing which further action shall be taken for which the petitioners would be responsible. 2. Learned counsel for the petitioners submits that Shop nos.1, 2 and 3 are in possession of the petitioners as tenant on behalf of a Waqf for last fifty years and they have been paying rent to the Waqf. The notice should have been issued to the Waqf, as the aforesaid information could only be furnished by the Waqf. 3. As the impugned notice is only a show-cause notice requiring the petitioners to file objection, we are not inclined to examine the submission on merits. We leave it open to the petitioners to file objection in response to the notice within two weeks from today and in which event, the Prescribed Authority will take into consideration the reply and evidence, if any, submitted by the petitioners and, thereafter, take further steps strictly in accordance with law. 4. The petition stands disposed of. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 10.4.2025 Ankit. Digitally signed by :- ANKIT VISHWAKARMA High Court of Judicature at Allahabad