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2026 DAILYLAW 242 (ALL)

SMT MEENA KUMARI AND 2 OTHERS v. STATE OF U.P. AND 4 OTHERS

WRIC/10406/2026 · 2026-03-18

Kunal Ravi Singh, Mahesh Chandra Tripathi

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 10406 of 2026 Court No. - 21 HON'BLE MAHESH CHANDRA TRIPATHI, J. HON'BLE KUNAL RAVI SINGH, J. 1. Heard Shri Ram Kishor Gupta, learned counsel for the petitioners and Shri Devesh Vikram, learned Addl. Chief Standing Counsel for State respondents. 2. The instant writ petition has been preferred praying inter alia for the following relief: "(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned notice dated 26.6.2025 (Annexure-Goldmiss 1,2 and 3 to the writ petition) issued by respondent no.5 to the petitioner no. 1,2 and 3. (ii) Issue a writ, order or direction in the nature of mandamus directing the respondents not to demolish the house and shops situated at Bilraya Panwari Marg (State Highway 21) KM 428, 429, 430 belonging to the petitioner no. 1,2 and 3. (iii) Issue any other writ order or direction which this Hon'ble court may deem fit and proper under the facts and circumstances of the case. (iv) To award the cost of writ petition to the petitioners." 3. The case of the petitioners is that their houses are situated along State Highway No. 21. The respondents are intending to widen the highway and in the process, they are threatening to demolish their houses. Versus Counsel for Petitioner(s) : Ram Kishor Gupta Counsel for Respondent(s) : C.S.C. Smt Meena Kumari And 2 Others .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) 4. Learned counsel for the petitioners has contended that similar controversy has earlier been raised in Writ-C No.20360 of 2025 (Ram Asrey & Ors. v. State of U.P. & Ors.) in which the Court has accorded indulgence and as such it is submitted that being on similar footing the petitioners are also entitled for similar indulgence. 5. Learned Addl. Chief Standing Counsel submits that in case, any reply is submitted by the petitioners in response to the impugned notices dated 26.6.2025, the respondent will decide the same before taking any coercive action. 6. We are of the opinion that granting opportunity to the petitioners to submit their reply in response to the impugned notices before any action is taken would sub-serve the ends of justice. 7. Accordingly, we dispose of the instant writ petition as follows: (i) The petitioners will have one week from today to file fresh individual representations alongwith supporting evidence. (ii) The 5th respondent, who has issued the impugned notices, will consider the representations alongwith evidence annexed within a period of next four weeks. (iii) For a period of five weeks or decision in the proceedings, whichever is earlier, no coercive action shall be taken on the basis of impugned show cause notices. The impugned show cause notices would abide by the decision taken by the 5th respondent in compliance of the instant order. March 19, 2026 NLY WRIC No. 10406 of 2026 2 (Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad