GOPICHANDRA SRIVASTAVA v. STATE OF U.P. AND 4 OTHERS
WRIC/17463/2026 · 2026-05-04
Neeraj Tiwari, Sudhanshu Chauhan
body2026
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[ 2026 DAILYLAW 2286 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 2286 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 17463 of 2026 Court No. - 4 HON'BLE NEERAJ TIWARI, J.
HON'BLE SUDHANSHU CHAUHAN, J.
1. Heard learned counsel for the petitioner, learned standing counsel for the State-respondent nos. and 2 and Sri Abhinava Krishna Srivastava, learned counsel for the respondent nos. 3 and 4. 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 certiorari quashing the impugned notice dated 08.09.2025, send by respondent no. 3 to petitioner regarding demolition of the House no. 84/56 Mewa Lal Ka hata, Anwarganj Kanpur Nagar, in which shop of petitioner is situated. (Annexure No. 2 to writ petition). II. Issue a writ, order or direction in the nature of certiorari quashing the impugned notice dated 09.03.2026 send by respondent no. 4 to station officer, PS. Sisamau Kanpur Nagar to evict the petitioner from premises in dispute. (Annexure No. 3 to writ petition). III. Issue a writ, order or direction in the nature of mandamus directing the respondent nos. 3 and 4 not to demolish the premises in dispute and also not to evict the petitioner from the premises in dispute. IV. Issue a writ, order or direction in the nature of mandamus directing the respondent no. 2 decide the representation dated 18.04.2026 send by petitioner to respondents, in accordance with law."
3. Learned counsel for the petitioner submits that the impugned notice Versus Counsel for Petitioner(s) : Pradip Kumar Srivastava Counsel for Respondent(s) : Abhinava Krishna Srivastava, C.S.C. Gopichandra Srivastava .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s)
dated 08.09.2025 has been issued by respondent no. 2 to the petitioner directing demolition of the house on the ground that it is in a dilapidated condition, without affording any opportunity of hearing to the petitioner. It is, therefore, contended that the aforesaid impugned notice is in violation of the principles of natural justice and is liable to be quashed. 4. In light of the aforesaid facts, the writ petition is disposed of with liberty to the petitioner to file reply/objection to the notice dated 08.09.2025 within one week. In case such a reply/objection is filed, the respondent no. 4 shall consider the same and pass an appropriate order in accordance with law. 5.
It is further provided that in case objection is not filed within a week, it shall be open for the respondents to proceed pursuant to the impugned notice dated 08.09.2025 in accordance with law. May 5, 2026 Arif WRIC No. 17463 of 2026 2 (Sudhanshu Chauhan,J.) (Neeraj Tiwari,J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad