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Neutral Citation No. - 2025:AHC:121578-DB Court No. - 40 Case :- WRIT - C No. - 24025 of 2025 Petitioner :- Rakesh Upadhyay Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anoop Kumar Pandey,Madan Mohan Lal Counsel for Respondent :- C.S.C.,Vijay Bahadur Maurya Hon'ble Saral Srivastava,J. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for the State.
2. Present petition has been filed for the following relief:
"Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents especially respondent no 4 demolish the house No 95, situated at South Malaka, Prayagraj, with immediate effect or within stipulated period as fixed by this Hon ble court."
3. The grievance of the petitioner is that the petitioner has a share in house no.95 situated at South Malaka, Prayagraj along with his brothers, Om Prakash, Jai Prakash and Diwakar. A notice dated 12.08.2021 has been issued by the Nagar Nigam to the petitioner and other co-sharer, to demolish the aforesaid house as the house is in a dilapidated condition and which may collapse in any moment which can cause harm to the public. The petitioner submitted his representation to the respondent no.4 stating that the petitioner is not the exclusive owner of the house but there are other co-sharers in the house and he alone cannot demolish the house. Accordingly, he prayed that he is ready and willing to deposit the fee and the Nagar Nigam may demolish the house.
4. The grievance of the petitioner is that certain
representation has been given by the petitioner in this respect and there is a report that the house is in a dilapidated condition which can collapse any time. Therefore, considering the urgency, the respondent no.4 ought to have considered his representation but he has not paid any heed to the representation of the petitioner.
5. Learned counsel for respondent no.4 would submit that it is the domain of the respondent no.4 to pass appropriate
order for demolition of the house.
6. In view of the aforesaid fact, the writ petition is disposed of permitting the petitioner to file a representation before respondent no.4, Municipal Commissioner, Municipal Corporation, Prayagraj, for raising all his grievances, within a period of three weeks from today.
7. In case any such representation is filed by the petitioner then respondent no.4, Municipal Commissioner, Municipal Corporation, Prayagraj, shall consider and 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