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2025 DAILYLAW 89256 (ALL)

M/S SUPER GUEST HOUSE v. STATE OF U.P. AND 4 OTHERS

WRIC/29325/2025 · 2025-09-24

Arun Kumar, Manoj Kumar Gupta

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 29325 of 2025 Court No. - 21 HON'BLE MANOJ KUMAR GUPTA, J. HON'BLE ARUN KUMAR, J. 1. The petitioner is running a guest house over Plot Nos. 66, 67, 68, Khasra No. 823, M Johri Enclave, Metro Station No. 1, Loni, Ghaziabad. According to the petitioner, on basis of a no objection certificate granted to the petitioner by Nagar Palika Parishad, Loni, Ghaziabad, respondent No. 3, herein, the petitioner's guest house was registered under the Sarai Act, 1867. A public notice dated 4 September 2024 was published in the newspaper listing the guest houses which have not been complying with the procedure prescribed under law for garbage management and disposal. The petitioner- guest house is included in the list. On 10.09.2024, the petitioner and other guest houses covered by the said public notice made a representation to Executive Officer, Nagar Palika Parishad, Loni, Ghaziabad and by which, they sought time to put in place the mechanism provided under law for garbage management and disposal. 2. The case of the petitioner is that on 27.05.2025, it was issued a notice by the office of District Magistrate, Ghaziabad seeking its explanation within seven days. The petitioner claims to have sent a reply by registered post on 01.07.2025 after the expiry of the period of one week in which the reply was required to be furnished. On 03.07.2025, the District Magistrate has passed the impugned order cancelling the registration and directing closure of the guest house. 3. It is not disputed before us that the petitioner did not furnish reply in pursuance of show cause notice dated 27.05.2025 within the period stipulated therein. There is no evidence on record that reply of the petitioner dated 01.07.2025 was received by District Magistrate by the time order dated 03.07.2025 was passed. 4. Learned counsel for the petitioner submits that the District Magistrate, respondent No. 2, be directed to consider the reply of the petitioner dated 01.07.2025 and take appropriate decision in the light of the pleas raised Versus Counsel for Petitioner(s) : Sabya Sachee Rai, Suneel Kumar Rai Counsel for Respondent(s) : C.S.C., Sant Ram Sharma M/S Super Guest House .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) therein. 5. Shri Rajiv Gupta, learned Additional Chief Standing Counsel appearing for the State and Shri Sant Ram Sharma, learned counsel for respondent No. 3 have no objection to the same. 6. Accordingly, without expressing any opinion on merits, the writ petition stands disposed of with direction to respondent No. 2 to pass a speaking order on the representation of the petitioner dated 01.07.2025 after seeking report from respondent No. 3 within six weeks from the date of communication of the instant order. The impugned cancellation order will abide by the decision that would be taken by respondent No. 2 in pursuance of the instant order. September 25, 2025 Jaideep/- WRIC No. 29325 of 2025 2 (Arun Kumar,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad