RAMESH CHANDRA KESARWANI AND 3 OTHERS v. STATE OF U.P. AND 2 OTHERS
WRIC/16404/2026 · 2026-05-05
Neeraj Tiwari, Sudhanshu Chauhan
body2026
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[ 2026 DAILYLAW 3184 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 3184 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 16404 of 2026 Court No. - 4 HON'BLE NEERAJ TIWARI, J.
HON'BLE SUDHANSHU CHAUHAN, J.
1. Heard 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 certiorari quashing the impugned notices dated 13.02.2026 issued by the Respondent No.4/Executive Officer, Nagar Panchayat Mauaaima, District Prayagraj (Annexure-7 to this writ petition). ii. Issue a writ order or direction, in the nature of Mandamus commanding and directing the respondents not to proceed with the demolition proceedings in pursuance of the impugned notices dated 13.02.2026 issued by the Respondent No.4."
3. We have perused the impugned notice dated 13.02.2026 issued by respondent no. 3 directing the petitioner to submit his objections. The petitioner has already filed his reply dated 18.02.2026. Therefore, this Court is of the view that after submission of the reply by the petitioner, no order has yet been passed. Hence, at this stage, the present writ petition is premature. 4. Upon a query raised by this Court, learned counsel for the petitioner could not dispute the aforesaid position and prays that a suitable direction may be issued to respondent no. 3 to decide the objections of the petitioner. 5. In the aforesaid circumstances, the writ petition is disposed of with a direction to respondent no. 3-Executive Officer, Nagar Panchayat Mauaima, District Prayagraj to consider and decide the objections of the petitioner Versus Counsel for Petitioner(s) : Badri Mani Tripathi Counsel for Respondent(s) : C.S.C. Ramesh Chandra Kesarwani And 3 Others .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s)
expeditiously, preferably within a period of four weeks from the date of production of a certified copy of this order. The petitioner shall annex a photocopy of the objection dated 18.02.2026 along with a certified copy of this order before the concerned authority. 6. It is made clear that Court has not adjudicated the case on merits and it is upon the respondent no. 3 to decide the objection of the petitioner after considering the relevant Acts, Rules, Government Orders, Judicial pronouncement made by the Court as well as facts of the case.
May 6, 2026 Gaurav WRIC No. 16404 of 2026 2 (Sudhanshu Chauhan,J.) (Neeraj Tiwari,J.) Digitally signed by :- GAURAV PATEL High Court of Judicature at Allahabad