Neutral Citation No. - 2025:AHC:144780-DB Court No. - 40 Case :- WRIT - C No. - 28351 of 2025 Petitioner :- Mohd Sufiyan Ayub Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashish Kumar Mishra,Sanjay Kumar Dwivedi Counsel for Respondent :- Abhinava Krishna Srivastava,C.S.C. Hon'ble Saral Srivastava,J. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard learned counsel for the petitioner and learned counsel for the respondents. 2. The grievance of the petitioner is that there is an order passed by the Executive Engineer, Nagar Nigam, Kanpur directing the petitioner to demolish the House No.99/09 Bekanganj, Kanpur Nagar. It is contended that it is stated in the notice dated 22.07.2025 that the house in question is about 80-90 years old and is in a dilapidated condition, and it can be demolished by the petitioner in compliance of notice only if he is provided police force as on the both side of the house, there is a road. 3. Be that as it may, if petitioner cannot demolish the house for certain reasons, the respondent no.2-Nagar Ayukt, Kanpur Nagar Nigam, District Kanpur Nagar, under Section 331(3) of U.P. Municipal Corporation Act, 1959 has the authority to demolish the house after following due procedure under Section 331(3) of U.P. Municipal Corporation Act, 1959. 4. In such view of the fact, the writ petition is disposed off permitting the petitioner to file an application under Section 331(3) of U.P. Municipal Corporation Act, 1959 before the respondent no.2-Nagar Ayukt, Kanpur Nagar Nigam, District Kanpur Nagar alongwith certified copy of this order within a period of three weeks from today stating the reason for his inability to demolish the house in question. In case, any such application is filed by the petitioner, the respondent no.2 shall proceed to initiate proceeding for demolition of house in question strictly in accordance with law after giving due notice and opportunity of hearing to all the occupants of the house in question within a period of four weeks thereafter. Order Date :- 22.8.2025 Sattyarth (Arun Kumar Singh Deshwal,J) (Saral Srivastava,J) Digitally signed by :- SATTYARTH ANAND High Court of Judicature at Allahabad