VIMALA SINGH AND 14 OTHERS v. STATE OF U.P. AND 7 OTHERS
WRIC/14218/2025 · 2025-05-26
Arun Kumar Singh Deshwal, Salil Kumar Rai
body2025
DailyLaw.ai
[ 2025 DAILYLAW 54018 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 54018 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:90642-DB Court No. - 3 Case :- WRIT - C No. - 14218 of 2025 Petitioner :- Vimala Singh And 14 Others Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Sarvanand Pandey Counsel for Respondent :- C.S.C.,Vibhu Rai Hon'ble Salil Kumar Rai,J. Hon'ble Arun Kumar Singh Deshwal,J.
1. The present petition has been filed challenging the demand notice dated 23.10.2024 issued by respondent no. 5 i.e. the Additional Municipal Commissioner, Gorakhpur Nagar Nigam, Gorakhpur, as a consequence of enhancement of rent of the shops allotted to the petitioners.
2. It has been pleaded in the writ petition that the rents have been enhanced without issuing any notice and without giving any opportunity of hearing to the petitioners.
3. In pursuance of the previous order passed by this Court, Sri Vibhu Rai representing Nagar Nigam, Gorakhpur, has obtained instructions and on the basis of his instructions states that no notices were issued to the petitioners before enhancing the rent of the shops allotted to the petitioners. Sri Vibhu Rai on the basis of his instructions further states that the demand raised by the Nagar Nigam shall be revisited and fresh order shall be passed only after affording opportunity of hearing to the petitioners. It has further been stated by Sri Vibhu Rai that no recovery shall be made from the petitioners on the basis of the demands already raised.
4. Similar issues were involved in WRIT - C No. 6946 of 2025 and WRIT - C No. 2355 of 2025 which was connected with WRIT - C No. 5837 of 2025 and in the said cases, the Division Bench of this Court quashed the demand notices and the said
cases were disposed of on the statement of Sri Vibhu Rai as given above.
5. The present petition is also disposed of directing the respondent no. 5, Additional Municipal Commissioner, Gorakhpur Nagar Nigam, Gorakhpur, and other officers of Nagar Nigam, Gorakhpur that no recovery shall be made from the petitioners in pursuance to the demand notices already issued till fresh orders are passed after giving opportunity of hearing to the petitioners.
6. The present demand notice shall be subject to the orders to be passed by the Nagar Nigam, Gorakhpur, as noted above. Order Date :- 27.5.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad