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2025 DAILYLAW 68575 (ALL)

KAMAL AHMAD AND 2 OTHERS v. STATE OF U.P. AND 6 OTHERS

WRIC/20268/2025 · 2025-09-22

Amitabh Kumar Rai, Saral Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 20268 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard learned counsel for the petitioners and learned Standing Counsel for the respondents. 2. This Court on 01.09.2025 passed the following order:- "Ref: Civil Misc. Amendment Application No.2 of 2025 1. Amendment application is allowed. 2. Necessary amendment be carried out by learned counsel for the petitioners, within ten days. Order on Petition: 3. Heard learned counsel for the petitioners and learned Standing Counsel for the State. 4. Present petition has been filed for the following relief: "i. TO ISSUE a writ, order or direction in the nature of certiorari quashing the impugned notice dated 11.4.2025 issued by the Respondent No.5 I.e. the Block Development Officer, Naraini, District Banda for removal of shops in question during pendency of the instant Writ Petition before this Hon'ble Court; ii. TO ISSUE a writ, order or direction in the nature of mandamus commanding and directing Respondent No.1 to 4 not to harass the Petitioners by removing the shops in question. Versus Counsel for Petitioner(s) : Islam Ahmad, Raj Kumar Prajapati Counsel for Respondent(s) : C.S.C. Kamal Ahmad And 2 Others .....Petitioner(s) State Of U.P. And 6 Others .....Respondent(s) iii. TO ISSUE a writ, order or direction in the nature of quo warranto against the Respondent No.5 not to exceed its jurisdiction and boundaries." 5. The grievance of the petitioner is that without adopting the due process of law, the respondent no.5 has passed an order dated 11.04.2025 directing the petitioners to remove illegal encroachment. 6. We have perused the order passed on 11.04.2025 and we find that no cogent reason has been assigned in passing the order dated 11.04.2025. Further, we cannot understand as to how the respondents-authorities are initiating process of demolition without adopting due procedure of law. 7. We have also seen the instructions placed on record and we are not satisfied with the details in the instructions. 8. Therefore, in such view of the fact, we deem it fit to summon the Block Development Officer, Naraini, Banda only for the purpose to inquire as to how and under which provision of law, he has passed the order dated 11.04.2025 and whether any due process of law has been adopted by him for removing the alleged illegal encroachment by the petitioners. 9. Put up as fresh on 23.09.2025. 10. Till the next date of listing, parties shall maintain status quo as on date." 3. Pursuant to the order dated 01.09.2025 passed by this Court, the Block Development Officer, Naraini, Banda is present before this Court and has been duly identified by Sri Ankur Tandon, learned Standing Counsel. 4. Learned Standing Counsel has filed an affidavit on behalf of respondent no.5- Block Development Officer, Naraini, Banda, which is taken on record, stating that notice which is impugned in the writ petition has been withdrawn. 5. In such view of the fact, no further order is required to be passed by this Court in the present case. Accordingly, the writ petition is disposed off. September 23, 2025 NS WRIC No. 20268 of 2025 2 (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) Digitally signed by :- NITIN KUMAR High Court of Judicature at Allahabad