Neutral Citation No. - 2025:AHC:121557-DB Court No. - 40 Case :- WRIT - C No. - 23941 of 2025 Petitioner :- Asha Devi And Another Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Abhinav Kumar Pandey,Ashwani Kumar Singh,Devendra Singh Kushwaha Counsel for Respondent :- C.S.C.,Vibhu Rai Hon'ble Saral Srivastava,J. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard learned counsel for the petitioners and learned Standing Counsel for the State. 2. Present petition has been filed for the following relief: "a.) Issue a Writ, Order or direction in the nature of Certiorari to quash the show cause notice dated 26.03.2025 issued by Additional Municipal Commissioner, Gorakhpur and the undated notice which is pasted on the house of the petitioner no.1 issued by the Sub-Divisional Magistrate, Tehsil- Sadar, District- Gorakhpur. b.) Issue a Writ, Order or direction in the nature of Mandamus to direct forthwith the respondent authorities no interference making in the peaceful possession of the petitioners." 3. Grievance of the petitioners is that the petitioners have received notice dated 26.03.2025 by which they have been asked to remove the construction raised over plot no.1494 Min Jumla having area 0.227 hectare situated in village- Basharatpur, Tappa-Kasba, Pargana-Haveli. The petitioners submit that by the said notice, the Nagar Nigam has asked the petitioners to remove the construction as the Nagar Nigam would demolish it. It is submitted that the petitioners construction is not lying on Arazi No.1494 Min Jumla rather petitioners construction is over plot no.1496 which has been purchased by the petitioners through sale deed dated 16.09.2004. It is further submitted that in this regard several representations were given to the respondent no.4 but respondent no.4 has not considered the representation of the petitioners. 4. Learned counsel for the respondents would contend that no useful purpose would be served in keeping the writ petition pending as the question in the present case to be determined is whether the construction of the petitioners lying on plot no.1496 or 1494 Min Jumla which is a question of fact and the respondent no.4 is the best authority to decide such factual dispute. 5. In view of the aforesaid submission, the writ petition is disposed of permitting the petitioners to file a detailed representation raising all their grievances before respondent no.4, within a period of three weeks from today. 6. In case any such representation is filed by the petitioners, before respondent no.4, Additional Municipal Commissioner, Municipal Corporation, Gorakhpur, within the aforesaid period, then respondent no.4 shall decide the same after giving due opportunity of hearing to all the concerned parties, within a period of one month from the date of receiving the copy of this order, strictly in accordance with law. Order Date :- 24.7.2025 S.Chaurasia (Arun Kumar Singh Deshwal, J.) (Saral Srivastava,J.) Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad