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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 32042 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, by means of the present writ petition, has prayed for the following reliefs:
“1. To issue a writ, order or direction in the nature of mandamus commanding/respondents, specifically the District Magistrate, Prayagraj (respondent No. 2) and the Municipal Commissioner (Nagar Ayukt), Nagar Nigam, Prayagraj (respondent No. 3), to safely demolish the petitioner’s house bearing No. 189/234, Mohalla Nakhas Kohna, Pargana and Tehsil Sadar, Prayagraj, as the petitioner is ready to bear the expenditure incurred in safe demolition of the building. 2. To issue a writ, order or direction in the nature of mandamus commanding/directing respondents No. 2, 3 and 4 to consider the application dated 11.8.2025 submitted by the petitioner.”
3. Learned counsel for the petitioner submits that the house in question is situated in a densely populated locality, and therefore it is very difficult for the petitioner to demolish the same on his own as it may cause damage to the adjoining houses. It is urged that the petitioner has approached this Court seeking assistance of the Nagar Nigam for safe demolition, but respondent No. 3, though seized of the matter, has not considered his request. Versus Counsel for Petitioner(s) : Bal Mukund Singh, Shri Prakash Mishra, Varad Nath Counsel for Respondent(s) : C.S.C., Manoj Kumar Singh, Vibhu Rai Saman Kesarwani .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
4. Learned counsel appearing for respondents No. 3 and 4 submits that no useful purpose would be served in keeping the writ petition pending, as it is for the competent authority to decide how the demolition is to be carried out. 5. In view of the aforesaid, the writ petition is disposed of with liberty to the petitioner to file a detailed representation before respondent No. 3 within a period of one month from today, clearly mentioning the reasons and difficulties being faced in carrying out the demolition of the house in question. In case such a representation is filed within the stipulated time, respondent No. 3 shall consider and decide the same expeditiously, preferably within a further period of one month thereafter, after giving due notice and opportunity of hearing to all the stakeholders concerned.
September 22, 2025 Sumaira WRIC No. 32042 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 Digitally signed by :- SUMAIRA AQUIL High Court of Judicature at Allahabad