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2025 DAILYLAW 35670 (ALL)

MOHD NAEEM v. STATE OF UTTAR PRADESH AND 3 OTHERS

WRIC/9984/2025 · 2025-05-04

Anjani Kumar Mishra, Jayant Banerji

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:70842-DB Court No. - 3 Case :- WRIT - C No. - 9984 of 2025 Petitioner :- Mohd Naeem Respondent :- State Of Uttar Pradesh And 3 Others Counsel for Petitioner :- Prakhar Tandon Counsel for Respondent :- C.S.C. Hon'ble Anjani Kumar Mishra,J. Hon'ble Jayant Banerji,J. Heard learned counsel for the petitioner, Sri Abhinav Krishna Srivastava learned counsel for the Nagar Nigam, Kanpur Nagar and learned Standing Counsel for the State-respondents. The writ petition seeks the following relief:- "(i) To issue a writ, order or direction in the nature of mandamus directing the respondents to demolish or secure the place allowing the petitioner to demolish the aforesaid dilapidated building and to take other preventive measures to safeguard the human life." It appears that a notice under Section 331 of the U.P. Municipal Corporation Act, 1959 was issued to the petitioner in September 2019 regarding two shops being in dilapidated conditions. It is in this context that the relevant relief quoted above has been sought by means of this writ petition. Sri Abhinav Krishna Srivastava learned counsel for the respondents on the basis of instructions received states that the notice had been issued only to the petitioner, the owner of the shops. However, the shops are in the occupation of two tenants. On a pointed query by the Court, he admits that no notice was issued to the occupier/tenants of the building. Under the circumstances, this writ petition is disposed of directing the respondents to issue notice to the occupiers positively within a period of three weeks from today and thereafter to proceed strictly in accordance with law. Order Date :- 5.5.2025 Himanshu Digitally signed by :- HIMANSHU YADAV High Court of Judicature at Allahabad