RIYASAT ALI AND 79 OTHERS v. STATE OF U.P. AND 3 OTHERS
WRIC/26506/2025 · 2025-08-06
Prakash Padia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 84177 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 84177 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:134030 Court No. - 33 Case :- WRIT - C No. - 26506 of 2025 Petitioner :- Riyasat Ali And 79 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shadab Ali Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J.
1. Heard Sri Shadab Ali, learned counsel for the petitioners 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 notices, 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 learned counsel for the petitioners that though the caption has been given "Notice" but by the aforesaid order direction was given to the petitioners to vacate the land in question within a week. It is further argued that the aforesaid direction was given without providing notice or opportunity of hearing to the petitioners hence same has been passed in complete violation of principles of natural justice. 4. On the other hand, it is argued by learned Standing Counsel for the respondent-State that in case 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 being disposed of at the admission stage itself. 6. From perusal of the record, it is clear that notices dated 14.07.2025/15.07.2025 was 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 petitioners 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 :- 7.8.2025 Pramod Tripathi Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad