M/S REAL ESTATE SERVICE AND ANOTHER v. STATE OF U.P. AND 5 OTHERS
WRIC/21034/2025 · 2025-07-07
Ashwani Kumar Mishra, Jayant Banerji
body2025
DailyLaw.ai
[ 2025 DAILYLAW 65006 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 65006 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:106855-DB Court No. - 40 Case :- WRIT - C No. - 21034 of 2025 Petitioner :- M/S Real Estate Service And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Kartikey Pandey,Umair Mahmood Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Jayant Banerji,J.
1. Petitioners claim to be a firm engaged in real estate activities. The present writ petition has been filed with a prayer to command the respondents to pay damages to the tune of Rs.3,50,000/- on account of illegal demolition of the construction raised by the petitioners.
2. At the very outset, an objection is taken by the State Counsel to the prayer made in the writ petition on the ground that alleged construction of petitioners was wholly unauthorised inasmuch as no permission for raising such construction was obtained from the competent authority.
3. Perusal of the records would indicate that a letter has been sent by the petitioners to the District Panchayat, Bijnor on 9.5.2025 for grant of permission to raise construction. The writ petition is absolutely silent about any permission having been granted in favour of the petitioner by the competent authority to raise constructions. Photographs annexed alongwith the writ petition show that authorities have apparently interfered with unauthorised construction of the petitioners.
4. Once that be so, we do not find any merits in the writ petition. No direction for payment of compensation would thus be required.
5. Writ petition, accordingly, stands dismissed. Order Date :- 8.7.2025 SK Digitally signed by :- SUSHEEL KUMAR High Court of Judicature at Allahabad