SURAJ MUKHI AND 3 OTHERS v. STATE OF U.P. AND 4 OTHERS
WRIC/32758/2025 · 2025-09-17
Amitabh Kumar Rai, Saral Srivastava
body2025
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[ 2025 DAILYLAW 95519 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 95519 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 32758 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 Standing Counsel for the State-respondents. 2. The petitioner is aggrieved by the notice dated 2.9.2025 issued by the Block Development Officer, Sambhal, whereby he has been directed to remove the encroachment allegedly made by him in front of Shop No. 10 allotted to his father, and further that the said shop is being used in breach of the terms of the lease, as it is being utilized for residential purposes. 3. The grievance of the petitioner is that he should have been afforded reasonable time to submit his reply, whereas by the impugned notice he has been granted only three days’ time, which is not sufficient, and therefore the impugned notice is illegal and does not fulfill the requirement of the principles of natural justice. 4. Learned Standing Counsel submits that no useful purpose would be served in keeping the writ petition pending, as it is the Block Development Officer who has to decide on the basis of material evidence on record as to whether any encroachment has been made by the petitioner and whether the shop in question is being used in violation of the terms and conditions of the allotment. 5. In view of the aforesaid submissions, we dispose of the writ petition permitting the petitioner to file a representation/reply to the show cause notice within a period of one month from today. On Versus Counsel for Petitioner(s) : Niraj Kumar Tripathi Counsel for Respondent(s) : C.S.C. Suraj Mukhi And 3 Others .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s)
submission of the representation/reply against the show cause notice dated 2.9.2025 before respondent No. 5 – Block Development Officer, Sambhal, the said respondent shall proceed to take a decision on the representation of the petitioner within a period of two months from the date of receipt thereof, after giving due notice and opportunity of hearing to the petitioner, and after supplying all the materials which the respondent No. 5 seeks to rely upon against the petitioner. 6.
6. It is further provided that for a period of three months from today or till the disposal of the petitioner’s representation, whichever is earlier, no demolition shall be carried out in pursuance of the notice dated
2.9.2025. September 18, 2025 Sumaira WRIC No. 32758 of 2025 2 (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) Digitally signed by :- SUMAIRA AQUIL High Court of Judicature at Allahabad Digitally signed by :- SUMAIRA AQUIL High Court of Judicature at Allahabad Digitally signed by :- SUMAIRA AQUIL High Court of Judicature at Allahabad