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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 31601 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 case of the petitioner is that he is having a ancestral house situated at House No.1/247, Zone-6, Ward-43, Nawabganj, Kanpur in the name of his father Chote Khan and Grand mother Smt. Fahiman, which is in ruinous condition. The petitioner submitted an application under Section 331 (1) of the U.P. Nagar Palika (Municipal Corporation) Act, 1959 (hereinafter referred to as the 'Act, 1959'). Acting on the said application, the Chief Engineer, Nagar Nigam, Kanpur Nagar has given a report dated 03.01.2025 obligating the Municipal Commissioner to pull down the ruinous structure, however, no action was taken on the said report, therefore, the petitioner in this respect submitted a representation dated 15.05.2025 before the respondent no.2.
3. The grievance of the petitioner is that till date the competent authority i.e. respondent no.2 has not considered the representation of the petitioner to conclude the proceeding under Section 331 (1) of the Act,1959.
4. Per contra, learned counsel for the respondents would contend that the respondent no.2 is the competent authority, who has to take the decision on the representation of the petitioner, therefore, an appropriate direction may be issued to the respondent no.2.
5. Accordingly, the writ petition is disposed off permitting the petitioner to submit a fresh representation raising all his grievances before the respondent no.2-Municipal Commissioner, Nagar Nigam, Kanpur Nagar to conclude the proceeding under Section 331(1) of the Act, 1959 initiated on the Versus Counsel for Petitioner(s) : Bihaan Pandey Counsel for Respondent(s) : Abhinava Krishna Srivastava, C.S.C. Asraf Khan .....Petitioner(s) State of U.P. and Another .....Respondent(s)
application of the petitioner. In case, any such representation is filed, the respondent no.2 shall consider and decide the same strictly in accordance with law and as per the provisions of Section 331 of the Act, 1959 after giving due notice and opportunity of hearing to all the concerned parties within a period of two months from from the date he receives the representation of the petitioner. September 11, 2025 NS WRIC No. 31601 of 2025 2 (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) Digitally signed by :- NITIN KUMAR High Court of Judicature at Allahabad