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2025 DAILYLAW 64786 (ALL)

ZAKIR HUSAIN v. STATE OF U.P. AND 2 OTHERS

WRIC/18086/2025 · 2025-05-29

Anish Kumar Gupta, Manoj Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:93524-DB Court No. - 21 Case :- WRIT - C No. - 18086 of 2025 Petitioner :- Zakir Husain Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shahabuddin Counsel for Respondent :- C.S.C.,Shiv Prakash Gupta Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The following prayer has been made in the writ petition: "(i) Issue a writ, order or direction in the nature of mandamus commanding the respondents not to demolish the House No. 850, constructed over Khata No. 26, Khasra No. 365, Area 1008 sq. yard situated at Nagla Tashi, Kasampur, Tehsil Sadar, District Meerut. (ii) Issue a writ, order or direction in the nature of mandamus to direct the respondent concerned to decide the application/representation dated 05.05.2025 submitted by the petitioners in accordance with law within the time stipulated by this Hon'ble Court." 2. The case of the petitioner is that the respondent, Development Authority, without any notice or written order has demolished part of his constructions. The petitioner has represented on 05.05.2025 but without deciding the same, the Authority is again threatening to demolish the remaining constructions. 3. Shri J.N. Maurya, learned counsel for the respondent, Development Authority, submits that the petitioner is claiming title on basis of a power of attorney and that he does not have any approved building plan. However, he could not show to us any order of demolition passed by the Authority against the petitioner or in relation to the constructions in question. 4. Consequently, we dispose of the instant petition with direction to the respondent, Development Authority, to pass a speaking order on the representation dated 05.05.2025 within eight weeks from the date of communication of the instant order along with photocopy of the representation. The petitioner will communicate the instant order to the respondent, Development Authority, positively within two weeks and in which event, until decision is taken on the representation, the respondent, Development Authority, will not take any coercive measure against the petitioner. Order Date :- 30.5.2025 Mukesh Kr. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- MUKESH KUMAR High Court of Judicature at Allahabad