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2025 DAILYLAW 68970 (ALL)

RASHID HUSAIN AND ANOTHER v. STATE OF U.P. AND 2 OTHERS

WRIC/20452/2025 · 2025-06-30

Ashwani Kumar Mishra, Jayant Banerji

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:100894-DB Court No. - 40 Case :- WRIT - C No. - 20452 of 2025 Petitioner :- Rashid Husain And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Arvind Kumar Srivastava Counsel for Respondent :- C.S.C.,Aditiya Kumar Singh Hon'ble Ashwani Kumar Mishra,J. Hon'ble Jayant Banerji,J. Petitioners are aggrieved by a notice issued by Nagar Palika Parishad, Tehsil Faridpur, District Bareilly dated 16.6.2025 as per which the petitioners have encroached upon the State land. It is also alleged that certain commercial constructions have been raised by the petitioners over plot no.1091 area 0.051 hectare. The notice is challenged by the petitioners on the ground that an identical notice was earlier issued to the petitioners on 11.2.2020 to which a reply has also been given by the petitioners but without adverting to the reply of the petitioners or without passing any order pursuant to the earlier notice a subsequent notice has now been issued by the respondents. Submission is that issuance of repeated notices without adverting to the objection/reply of the petitioners is arbitrary. Sri Aditiya Kumar Singh, appearing for the respondent-local body states that certain factual clarification was sought from the Sub- Divisional Magistrate, whereafter a fresh notice has been issued. Be that as it may, once a notice has already been issued to the petitioners on 11.2.2020 under the same provisions to which the petitioners have submitted a detailed reply, it is expected that the authority will deal with such reply before proceeding any further in the matter. There is nothing on record to show that the petitioners' reply is taken note of or any orders are passed upon it. We cannot approve of issuance of successive notices without adverting to the reply earlier submitted in the matter by the petitioners. In that view of the matter, we dispose of this petition with the liberty granted to Nagar Palika Parishad, Tehsil Faridpur, District Bareilly to proceed, in accordance with law and pass appropriate orders pursuant to the notice issued earlier to the petitioners on 11.2.2020. It is clarified that without adverting to petitioners' reply and passing appropriate orders it would not be open for the authorities to successively issue notices in that regard. In order to facilitate consideration of petitioners' reply to the earlier notice we provide that till appropriate orders are passed in the matter, no further action would be taken pursuant to the impugned notice dated 16.6.2025. Order Date :- 1.7.2025 RA Digitally signed by :- RAZIQ ALI High Court of Judicature at Allahabad