HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 31680 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for respondent nos.1 & 2 and Sri Shashi Kant Mishra, learned counsel for the respondent no.3. 2. The petitioner by means of the present writ petition has assailed the notice dated 19.06.2025 issued by respondent no. 3. 3. The petitioner claims that he is an allottee of Shop Nos. 1, 10 and 11, Indira Market, Mungra Badshahpur, District Jaunpur. The petitioner has been issued impugned notice dated 19.06.2025 directing him to vacate the shop in question as the shop in question is in a dilapidated condition and can collapse at any time. 4. The contention advanced by the learned counsel for the petitioner is that petitioner is a lawful allottee of the shop in question, and impugned notice has been issued to the petitioner without giving any notice and opportunity of hearing to the petitioner. It is submitted that the impugned notice/order does not reflect any basis on which, the authority has concluded that the shop in question is in a dilapidated condition. It is further contended that the shop in question is not in a dilapidated condition and authorities have adopted an illegal means to evict the petitioner from the shop in question. 5. Shashi Kant Mishra, learned counsel for respondent no.3 submits that an inspection was carried by the Public Works Department and in the report, it is stated that the shop in question is in a dilapidated condition. Versus Counsel for Petitioner(s) : Akhilesh Kumar Singh Counsel for Respondent(s) : C.S.C., Shashi Kant Mishra Santosh Kumar Kesarwani And 2 Others .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) 6. Be that as it may, it is not in dispute that the shop in question has been allotted to the petitioner by the Nagar Palika Parishd, Jaunpur. The petitioner is a lawful allottee of the shop in question, and therefore, he cannot be evicted except in accordance with law. 7. Since, the impugned notice/order has been passed without giving any notice and opportunity of hearing to the petitioner, therefore, in such view the fact, the impugned notice/order cannot be sustained in law. Accordingly, impugned notice dated 19.06.2025is set aside with liberty to the respondent no.3-Executive Officer, Nagar Palika Parishad, Mungra Badshahpur, District Jaunpur to pass fresh order strictly in accordance with law after giving due notice and opportunity of hearing to the petitioner and after supplying him all the materials which are being relied upon by the respondent no.3 against the petitioner. 8. Thus, for the reasons given above, the writ petition is allowed with no order as to costs. September 11, 2025 Sumaira WRIC No. 31680 of 2025 2 (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) Digitally signed by :- SUMAIRA AQUIL High Court of Judicature at Allahabad