MOHAMMAD TOHAA QURESHI v. STATE OF U.P. AND 2 OTHERS
WRIC/11976/2025 · 2025-04-28
Anjani Kumar Mishra, Jayant Banerji
body2025
DailyLaw.ai
[ 2025 DAILYLAW 43326 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 43326 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:66398-DB Court No. - 3 Case :- WRIT - C No. - 11976 of 2025 Petitioner :- Mohammad Tohaa Qureshi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Gulrez Khan,Javed Husain Khan Counsel for Respondent :- C.S.C.,Harsh Vardhan Gupta Hon'ble Anjani Kumar Mishra,J. Hon'ble Jayant Banerji,J.
1. Heard counsel for the petitioner and Sri Harsh Vardhan Gupta, counsel appearing for respondent nos. 2 and 3.
2. The writ petition seeks the following relief:-
"I. Issue a writ, order or direction in the nature of mandamus commanding the respondents regularize the tenancy of the petitioner pursuant to Resolution No. 5 dated 29.3.2025 issued by the Respondent No. 2/3."
3. It has been submitted by the counsel for the petitioner that a piece of land was allotted to the father of the petitioner and that an agreement in this regard was entered into. What has been brought on record is one such agreement executed in the year 2013 for a period of five years.
4. The contention of the counsel for the petitioner is that no fresh agreement was executed thereafter, but the petitioner continued to remain in possession and rent till the year 2022 was deposited. The petitioner is now aggrieved because certain demolitions have been carried out by the respondents. The petitioner has also referred to a resolution of the respondent- Nagar Palika Parishad, which talks of regularizing the tenancy etc. of the people in possession.
5. Sri Harsh Vardhan Gupta, learned counsel for the respondents has submitted that since the petitioner is desirous of getting his expired tenancy regularized, the claim of the petitioner shall be examined by the respondents in accordance with the resolution of the Nagar Palika Parishad relied upon by the petitioner.
6. Under the circumstances, the petition is disposed of with direction to the respondent no.3 to consider the claim of the petitioner strictly in accordance with law and to dispose of such claim by a reasoned and speaking order, expeditiously and positively within a period of four weeks from the date a certified
copy of this order is filed before the respondent no. 3. Order Date :- 29.4.2025 sfa/ Digitally signed by :- SYED FAHEEM AHMAD High Court of Judicature at Allahabad