MOHD. ASLAM AND 8 OTHERS v. STATE OF U.P. AND 2 OTHERS
WRIC/20569/2025 · 2025-07-02
Ashwani Kumar Mishra, Jayant Banerji
body2025
DailyLaw.ai
[ 2025 DAILYLAW 69753 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 69753 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:103353-DB Court No. - 40 Case :- WRIT - C No. - 20569 of 2025 Petitioner :- Mohd. Aslam And 8 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Brajesh Shukla,Krishna Dutt Tiwari Counsel for Respondent :- Brijesh Kumar Pandey,C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Jayant Banerji,J. Though the notices of this petition have been accepted on behalf of respondent nos.2 and 3 by Sri Brijesh Kumar Pandey, but Sri Pandey states that he has no authorization to receive notice on behalf of respondent nos.2 and 3 and that his office has wrongly accepted the notices. The notices have been returned to learned counsel for the petitioners. In that view of the matter, we provide that name of Sri Brijesh Kumar Pandey shall no longer be shown as counsel for the respondent nos.2 and 3. Although prayer made in the writ petition is to restrain the respondents not to demolish constructions of the petitioners situated at Mohalla Mazulla Nagar, Ward No.11, Nagar Panchayat Kemri, District Rampur but in essence it transpires that the petitioners are aggrieved by a notice of local body dated 2.6.2025, whereby petitioners have been called upon to remove their constructions from the drain. Various submissions are made suggesting that the constructions of petitioners are pursuant to some allotment and that the constructions are not on the drain. If that be so, remedy of the petitioners would be to respond to the notices and clarify that their existing constructions are not on the drain. It goes without saying that in the event petitioners' submit such a reply to the notices within a week from today, the concerned authority shall proceed to examine the petitioners' grievance, keeping in view the above observations and in accordance with law. We may clarify the position, in law, that drains are for flowing of dirty water and no right upon such drain can be created in favour of any individual to raise permanent constructions. Subject to the above observations, this petition is consigned to records. Order Date :- 3.7.2025 RA Digitally signed by :- RAZIQ ALI High Court of Judicature at Allahabad Digitally signed by :- RAZIQ ALI High Court of Judicature at Allahabad