ZULFIQAR ALI AND 7 OTHERS v. STATE OF UP AND 3 OTHERS
WRIC/24072/2025 · 2025-07-24
Prakash Padia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 78690 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 78690 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:122539 Court No. - 33 Case :- WRIT - C No. - 24072 of 2025 Petitioner :- Zulfiqar Ali And 7 Others Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Shadab Ali,Subodh Kumar Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J.
1. Heard Sri Subodh Kumar, learned counsel along with Shadab Ali, learned counsel for the petitioner and learned Standing Counsel for the respondents.
2. The petitioners have preferred the present petition challenging the notices dated 14.07.2025 & 15.07.2025 issued by respondent No.4/Assistant Engineer, Regional Division/Prantiya Khand, Public Works Department, Rampur. By the aforesaid notice, the petitioners are directed to vacate the land in question within a week from the date of issuance of notice otherwise proceedings will be initiated against them.
3. It is argued by Sri Subodh Kumar, learned counsel for the petitioners that though the Caption has been given "Notice" but by the aforesaid order, final direction was given to vacate the land in question within a week and the same has been passed without providing any notice or opportunity of hearing to the petitioner which is complete violation of principles of natural justice. It is further argued that the aforesaid notices having civil consequences and has a direction to vacate the land in dispute but the same has been passed/issued without providing any notice or opportunity of hearing.
4. On the other hand, it is argued by learned Standing Counsel for the respondent- State that in case, the petitioners are aggrieved against the notices, they should have submit reply to the aforesaid notices before the concerned competent authority and the authority will take a decision in the matter expeditiously.
5. Heard learned counsel for the parties and perused the record. With the consent of
learned counsel for the parties the present petition is disposed of at the admission stage.
6. From perusal of the record, it is clear that by the notices dated 14.07.2025/15.07.2025 by the respondent No.4 with the direction to vacate the property in dispute but the same has been issued without providing any notice or opportunity of hearing, hence the same has been issued in compete violation of principles of natural justice.
7. In this view of the matter, the present petition is disposed of directing the petitioners to submit their separate reply to the notices dated 14.07.2025/15.07.2025 along with certified copy of this order before the respondent No.4/Assistant Engineer, Regional Division/Prantiya Khand, Public Works Department, Rampur within a period of three weeks from today. In case, the petitioners do so, the respondent No.4 will pass appropriate orders in the matter within a period of two months thereafter but after providing opportunity of hearing to the petitioners.
8. For a period of three months or till the decision taken on the reply submitted by the petitioner whichever is earlier, no coercive action be taken against the petitioners pursuant to the notice dated 14.07.2025/15.07.2025, copy of the same are appended as Annexure No.1to the writ petition.
Order Date :- 25.7.2025 saqlain Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad