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2025 DAILYLAW 99644 (ALL)

SAJID v. STATE OF U.P. AND 4 OTHERS

WRIC/33782/2025 · 2025-09-23

Amitabh Kumar Rai, Saral Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 33782 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard Sri Dinesh Kumar Gupta, learned counsel for the petitioner and learned Standing Counsel for the State-respondents. 2. By means of the present writ petition, the petitioner has prayed for the following reliefs:- (i) Issue a writ, order or direction in the nature of mandamus commanding the District Magistrate Meerut and Senior Superintendent of Police/Respondent no. 3 and 4 to provide force to petitioner to get the building house no. 19 ward no. 49 Baghpat Gate Meerut (area 12 x 30 feet) demolished in compliance of the notice date 16.1.2025 issued by Nagar Nigam Meerut under section 331(3) of U.P. Municipalities Act 1939 within stipulated period (Annexure-1 to this writ petition). (ii) Issue a writ, order or direction in the nature of mandamus commanding/directed the official of Nagar Nigam and District Administration to get building house no. 19 ward no. 49 Baghpat Gate Meerut area 12 x 30 feet demolished in pursuance of the notice dated 16.1.2025. 3. The grievance of the petitioner is that respondent no.2 has issued a notice dated 16.01.2025 to the petitioner for the demolition of House No. 19, Baghpat Gate, Meerut, on the ground that the house is in a ruinous condition. It is submitted that the petitioner has already submitted a representation to respondent no.2, expressing willingness to bear the expenses for the demolition, and requesting that the demolition be carried out pursuant to the said notice dated 16.01.2025. 4. Upon a specific query raised by the Court regarding the current occupants of the said house, it was submitted by the learned counsel for the petitioner Versus Counsel for Petitioner(s) : Dinesh Kumar Gupta Counsel for Respondent(s) : C.S.C., Pankaj Srivastava Sajid .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) that certain persons have been given possession of the house for residential purposes due to personal relationships. 5. Considering the fact that the house in question has been occupied by some persons who are not party in the present writ petition, the writ petition is disposed off permitting the petitioner to file a detailed representation before respondent no.2 within a period of one month from today. In case such a representation is filed, respondent no.2 shall thereafter proceed to consider the application/representation of the petitioner strictly in accordance with law, after due notice and opportunity of hearing to the occupants of the house in question, within a period of two months thereafter . September 24, 2025 Gaurav WRIC No. 33782 of 2025 2 (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) Digitally signed by :- GAURAV PATEL High Court of Judicature at Allahabad