MAHMOOD AHMAD AND 2 OTHERS v. STATE OF U.P. AND 5 OTHERS
WRIC/22063/2025 · 2025-07-13
Ashwani Kumar Mishra, Jayant Banerji
body2025
DailyLaw.ai
[ 2025 DAILYLAW 73651 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 73651 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:111943-DB Court No. - 40 Case :- WRIT - C No. - 22063 of 2025 Petitioner :- Mahmood Ahmad And 2 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Ved Prakash Shukla Counsel for Respondent :- C.S.C.,Madan Mohan Srivastava Hon'ble Ashwani Kumar Mishra,J. Hon'ble Jayant Banerji,J.
1. The petitioners are aggrieved by a notice issued by the Nagar Panchayat, Sarai Aquil, District Kaushambi dated 2.7.2025, which records that the petitioners have encroached upon the land of 'Kabristan' and thereby have violated various provisions of the Municipalities Act. A direction has been issued to the petitioners to remove their Kiosk/Gomti, or else it would be got removed by the Nagar Panchayat.
2. Learned counsel for the petitioners states that the 'Kabristan' is a private Kabristan and the petitioners and their ancestors were recorded over it. It is also submitted that various orders have been passed by the revenue authorities acknowledging right of the petitioners over such land.
3. The contention of the petitioners is opposed by Sri Madan Mohan Srivastava,
learned counsel, who has accepted notice on behalf of Nagar Panchayat, Sarai Aquil. Learned counsel for the respondents states that the petitioners' grievance will be got examined by passing appropriate reasoned order.
4. In view of the facts and circumstances of the present case, we dispose of this petition with liberty to the petitioners to make a comprehensive objection to the impugned notice together with a copy of this order within three days from today. If the petitioners does so, the authority concerned shall examine such objection and pass appropriate reasoned order before proceeding any further in the matter.
5. It is made clear that if the petitioners fail to make a comprehensive objection/representation in view of above terms of liberty, it shall be open for the authority to proceed further in the matter.
Order Date :- 14.7.2025 sfa/ Digitally signed by :- SYED FAHEEM AHMAD High Court of Judicature at Allahabad