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2025 DAILYLAW 97429 (ALL)

RAJESH KUMAR v. STATE OF U.P. AND 3 OTHERS

WRIC/32542/2025 · 2025-09-16

Amitabh Kumar Rai, Saral Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 32542 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 State-respondents. 2. The petitioner by means of the present writ petition has prayed for the following relief:- "i. Issue a writ, order or direction in the nature of mandamus directing/commanding the respondent no.2 to take effective measure towards demolition of old House situated at Ambedkar Nagar falling under the Municipality Limit of Padrauna, District Kushinagar. ii. Issue any other order or direction as this Hon'ble Court may deem fit and proper under the facts and circumstances of the present case. iiii. Award the costs of the petition in favour of the petitioner." 3. It appears that petitioner has submitted an application for demolition of house to the District Magistrate, Kushinagar whereas the application should have been submitted by the petitioner under Section 263 of U.P. Municipalities Act, 1916 before the respondent no.4-Executive Officer, Municipality Padrauna, District Kushinagar. 4. Since, petitioner has not approached the proper authority, therefore, the present writ petition is dismissed with liberty to the petitioner to approach proper authority for initiation of proceedings for demolition of house in question. September 17, 2025 Sattyarth Versus Counsel for Petitioner(s) : Amit Kumar Singh, Prabhat Kumar Singh Counsel for Respondent(s) : C.S.C. (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) Rajesh Kumar .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) Digitally signed by :- SATTYARTH ANAND High Court of Judicature at Allahabad