The High Court of Judicature at Allahabad dismissed a writ petition seeking reconstruction of demolished shops or compensation. The court held that due to disputed facts denying the existence of shops, interference without leading evidence was not permissible.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 2
Case :- WRIT - C No. - 3136 of 2022
Petitioner :- Krishn Narayan Kesharvani Respondent :- State Of U.P. Thru. Secy. Urban Development Civil Secrt. Lko. And Others
Counsel for Petitioner :- Alok Srivastava
Counsel for Respondent :- C.S.C.,Satish Chandra Kashish
Hon'ble Devendra Kumar Upadhyaya,J. Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the petitioner, learned State Counsel and Mr. S.C. Kasish, learned counsel representing the Nagar Palika Parishad, Nawabganj, District Gonda.
The prayers made in this writ petition are as follows:
“i. issue a writ, order or direction in the nature of mandamus commanding and directing the opposite parties no. 2 to 7 to either to reconstruct the demolished shops of petitioner on spot or to pay compensation for demolition of shops of estimated value within a period of one month.
ii. issue a writ, order or direction in the nature of mandamus directing the opposite parties not to make hindrance and disturbance in temporarily running the Khoya shops of petitioner on same spot upon which the shops has been demolished.
Iii. issue any other order or direction, which this Hon'ble Court may deem, fit, dust and proper in the circumstances of the case may also passed in favour of the petitioner.
iv. allow the writ petition with costs against the opposite parties.”
It has been stated by learned counsel for the petitioner that certain shops have been demolished by Nagar Palika Parishad which were existing on the private land belonging to one Ram Janki Trust of which the petitioner was a tenant.
The aforesaid fact is being denied vehemently by learned counsel representing the Nagar Palika Parishad concerned Mr. Satish Chandra Kashish.
Mr. Satish Chandra Kasish, learned counsel submits that in fact the petitioner was running illegal Khoya Mandi on the land and in fact there were no shops and hence the question of
demolition of shops does not arise.
In view of the aforesaid disputed facts, it is neither permissible nor possible for this court to determine the prayers made in this writ petition for the reason that such determination would unnecessarily require leading evidence by either side.
In view of the aforesaid we are not inclined to interfere in the writ petition. It is hereby dismissed .
However, notwithstanding dismissal of this writ petition, it will always be open for the petitioner to take recourse to any other legal remedy which may be available to him under law including institution of civil suit before the Court of competent civil jurisdiction.
(Subhash Vidyarthi, J.) (Devendra Kumar Upadhyaya, J.)
Order Date :- 26.5.2022
Ram.
Digitally signed by RAM SINGH Date: 2022.05.27 10:25:11 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
Krishn Narayan Kesharvani
State Of U.P. Thru. Secy. Urban Development Civil Secrt. Lko.
Devendra Kumar Upadhyaya
Subhash Vidyarthi
As recorded by the court registry
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