Neutral Citation No. - 2025:AHC:144638-DB Court No. - 40 Case :- WRIT - C No. - 20373 of 2025 Petitioner :- Ilyaz Khan And 8 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Gulshad Ali,Syed Ahmed Faizan Counsel for Respondent :- Aditiya Kumar Singh,C.S.C. Hon'ble Saral Srivastava,J. Hon'ble Arun Kumar Singh Deshwal,J. Order on Amendment Application No. 3 of 2025 1. Learned counsel for the applicants/petitioners states that petitioners do not want to contest the present amendment application and want to withdraw the application,therefore, the same may be dismissed as withdrawn. 2. Accordingly, the amendment application is dismissed as withdrawn. Order on Writ Petition 1. Heard Shri Ayush Mishra (Advocate Roll A/A-0442/20), holding brief of Shri Gulshad Ali, learned counsel for the petitioners, learned Standing Counsel for State-respondent, and Shri Aditya Kumar Singh, learned counsel for the respondent no.2 & 3. 2. Learned counsel for the petitioners submits that he does not want to file rejoinder affidavit to the counter affidavit filed on behalf of respondents no. 2 and 3. 3. Petitioners by means of present writ petition have prayed for following reliefs: "i) Issue a writ, order or direction in the nature of certiorari quashing the impugned notices dated 14.05.2025 and 26.05.2025 issued by the respondent no. 02/Executive Officer, Nagar Palika Parishad, Bilaspur, District Rampur and the oral warning of 17.05.2025. ii) Issue a writ, order or direction in the nature of mandamus directing and commanding the respondent no. 2 & 3 to restrain the demolition or eviction from the petitioner's shops on or after 27.06.2025." 4. Learned counsel for the petitioners submitted that petitioners are allottees of total 12 shops. Now they have been directed to remove their shops without giving any opportunity of hearing. It is further submitted that after receiving the impugned notice, petitioners have also submitted detailed representation before the respondent no. 02 but the respondent no. 2 instead of considering the representation and passing the order, bent on demolishing the temporary shops of the petitioners. 5. On perusal of the counter affidavit filed on behalf of respondent no. 2 & 3, it is clear that the petitioners are the allottees of temporary shops in the year 1996, therefore, in view of the judgment of Hon'ble Apex Court passed in Re: Directions in the matter of Demolition of Structures, (2024 0 Supreme (SC) 1033), before removing any construction whether properly allotted or unauthorised a notice is required to be given to the person concerned. In the present case, even otherwise the petitioners have already moved representation before the respondent no. 2 & 3 but no order has been passed. 6. Considering the facts and circumstances of the case and with the consent of the parties, the writ petition is disposed off permitting the petitioners to file a fresh representation alongwith certified copy of this order raising all their grievances before the respondent no.3- Chairmain/President, Nagar Palika Parishad, Bilaspur, District Rampur within a period of one month from today. In case, any such representation is filed by the petitioners, the respondent no.3 shall consider and decide the same strictly in accordance with law within a period of one month from the date he receives the representation of the petitioners. 7. For the period of two months or till the disposal of representation, whichever is earlier, no coercive action shall be taken against the petitioners in pursuance to the impugned notices dated 14.05.2025 and 26.05.2025 issued by respondent no.2. Order Date :- 22.8.2025 Mohit (Arun Kumar Singh Deshwal,J.) (Saral Srivastava,J.) Digitally signed by :- MOHIT KUMAR KUSHWAHA High Court of Judicature at Allahabad