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2025 DAILYLAW 90223 (ALL)

SMT. AFROJ v. STATE OF U.P. AND ANOTHER

WRIC/30600/2025 · 2025-09-10

Amitabh Kumar Rai, Saral Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 30600 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard learned counsel for the petitioner and learned counsel for the respondents. 2. The petitioner by means of the present writ petition has prayed for a direction to the respondent authority to remove the seal and lock from the shop of the petitioner bearing shop No.1535/5/216 situated at Civil Lines, Station Road, District Bareilly. 3. The brief facts of the case are that the petitioner purchased the property bearing shop No.1535/5/216 situated at Civil Lines, Station Road, District Bareilly from the successors of Late Navi Ahmad on 29.02.2020.The respondent no.2 filed a case bearing case no.6 of 2008 (State of U.P. through Municipal Commissioner, Nagar Nigam Bareilly Vs. Mohd. Navi Ahmad) before the Prescribed Authority/City Magistrate, Bareilly, but during pendency of the case, Mohd. Navi Ahmad died, and the case was illegally allowed ex-parte on 29.09.2021. Thereafter, the petitioner being owner of the property in dispute, filed an application for impleadment in the aforesaid case, but the Prescribed Authority did not pass any order on the application of the petitioner and thereafter, passed an order on 29.09.2021 allowing the case in favour of respondent Nagar Nigam, Bareilly. The petitioner being aggrieved by the order dated 29.09.2021 passed by the respondent no.2, preferred an appeal before the District Judge, Bareilly bearing Appeal No. 5 (21) of 2022, which was allowed by the District Judge, Bareilly on 11.07.2025. 4. During the pendency of the appeal, respondent no.2 passed an order on Versus Counsel for Petitioner(s) : Ravi Bhusan, Santosh Kumar Chaubey Counsel for Respondent(s) : C.S.C., Shyam Mani Shukla Smt. Afroj .....Petitioner(s) State of U.P. and Another .....Respondent(s) 02.05.2025 directing the Assistant Engineer of the circle to take possession of the property in dispute, and in pursuance of the same, the Assistant Engineer of the circle sealed and lock the shop of the petitioner in the month of May, 2025. 5. The grievance of the petitioner is that the petitioner submitted an application dated 22.07.2025 to the respondent no.2 to remove the seal and lock from the shop in dispute, but no action has yet been taken on the same. 6. Learned Standing Counsel for the respondents submits that no useful purpose would be served in keeping the writ petition pending and appropriate direction may be issued to the respondent no.2. 7. Accordingly, considering the facts and circumstances of the case and without going into the merits of the case, the writ petition is disposed off permitting the petitioner to submit a fresh representation ventilating all her grievances before the respondent no.2-Municipal Commissioner, Nagar Nigam Bareilly, District Bareilly along with a certified copy of this order within a period of one month from today. In case any such representation is filed by the petitioner, the respondent no.2 shall consider and decide the same by a reasoned and speaking order preferably within a period of two months after giving due notice and opportunity of hearing to the petitioner. September 11, 2025 NS WRIC No. 30600 of 2025 2 (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) Digitally signed by :- NITIN KUMAR High Court of Judicature at Allahabad