JAGDISH CHANDRA ANAND AND 19 OTHERS v. STATE OF U.P. AND 4 OTHERS
WRIC/26760/2025 · 2025-08-10
Mahesh Chandra Tripathi, Vinod Diwakar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 83635 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 83635 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:135455-DB Court No. - 29 Case :- WRIT - C No. - 26760 of 2025 Petitioner :- Jagdish Chandra Anand And 19 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Himanshu Mishra,Nitin Sharma Counsel for Respondent :- C.S.C. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Vinod Diwakar,J.
1. Heard Shri Nitin Sharma, learned counsel for the petitioners and Shri Ambrish Shukla, learned Addl. Chief Standing Counsel for State respondents.
2. The instant writ petition has been preferred for quashing the notices dated 26.06.2025 and 03.07.2005 issued by respondent no.5 to petitioner nos.1 to 14 and for a direction to respondents not to demolish the house and shops of the petitioners situated on Bilraya Panwari Marg (428, 429, 430 KM), Tehsil Rath, Distt. Hamirpur.
3. The case of the petitioners is that their houses are situated along State Highway No. 21. The respondents are intending to widen the highway and in the process, they are threatening to demolish their houses.
4. Learned counsel for the petitioners has contended that similar controversy has earlier been raised in Writ-C No.20360 of 2025 (Ram Asrey & Ors. v. State of U.P. & Ors.) in which the Court has accorded indulgence and as such it is submitted that being on similar footing the petitioners are also entitled for similar indulgence.
5. Learned Addl. Chief Standing Counsel submits that in case, any reply is submitted by the petitioners in response to the impugned
notices dated 26.6.2025, the respondent will decide the same before taking any coercive action.
6. We are of the opinion that granting opportunity to the petitioners to submit their reply in response to the impugned notices before any action is taken would sub-serve the ends of justice.
7. Accordingly, we dispose of the instant writ petition as follows: (i) The petitioners will have one week from today to file fresh individual representations alongwith supporting evidence. (ii) The 5th respondent, who has issued the impugned notices, will consider the representations alongwith evidence annexed within a period of next four weeks. (iii) For a period of two months, no coercive action shall be taken on the basis of impugned show cause notices. The impugned show cause notices would abide by the decision taken by the 5th respondent in compliance of the instant
order.
Order Date :- 11.8.2025 SP/ Digitally signed by :- SURYA PRAKASH High Court of Judicature at Allahabad