Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 32723 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 State-respondent nos. 1, 2 & 4 and Sri Vibhanshu Vaibhav, learned counsel for the respondent no.3. 2. The petitioner by means of the present writ petition has prayed for the following relief:-
"i. Issue an appropriate writ or direction commanding the respondent Nagar Nigam, Aligarh to pass reasoned and speaking order upon representation of the petitioner dated 26.06.2025 and further to direct removal of the construction upon the common passage forming part of House No.4/914, Shawkat Manzil, Dodpur, Aligarh under the provisions of Section 331 of the Municipal Corporation Act, 1959. ii. Issue an appropriate writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case. iii. To award the cost of the petition to the petitioner."
3. The facts, in brief, are that the dispute pertains to a dilapidated construction forming part of House No.4/914, namely, Shaukat Manzil Dodpur, Aligarh. The petitioner had purchased an area of 110 Sq. ft. of the house in question from its owner. The petitioner wants the respondents Nagar Nigam to remove dilapidated constructions over passage connecting the house in question.The petitioner in this respect has moved representation to the respondent Nagar Nigam on 26.06.2025, but no heed has been paid to Versus Counsel for Petitioner(s) : Anurag Yadav, Sandeep Kumar Dwivedi Counsel for Respondent(s) : C.S.C., Vibhanshu Vaibhav Mohd. Rashid Alam .....Petitioner(s) State Of U.P. And 6 Others .....Respondent(s)
the said representation of the petitioner. 4. The grievance of this petitioner is that the representation dated 26.06.2025 moved by the petitioner before the respondent Nagar Nigam may be directed to be decided. 5. Learned counsel for the respondents submits that no useful would be served in keeping the writ petition pending and appropriate direction may be issued to the respondent no.3 to consider the grievance of the petitioner. 6.
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 his grievances before the respondent no.3-Municipal Commissioner, Municipal Corporation Aligarh 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.3 shall consider and decide the same after hearing all the parties i.e. petitioner as well as respondent nos.5 to 7 by a reasoned and speaking order preferably within a period of two months thereafter. September 17, 2025 NS WRIC No. 32723 of 2025 2 (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) Digitally signed by :- NITIN KUMAR High Court of Judicature at Allahabad