Disposed

Shafiq Ahmad and 10 Others v. State of U.P. Thru. Prin. Secy. Urban Development Lko and 4 Others

Allahabad HC25 Oct 2024WRIC/9438/2024

Case brief

AI extract

What is this about?

The single-judge bench of the Allahabad High Court, Lucknow Bench, disposed of a writ petition seeking quashing of a tenancy notice. The court relied on the terms of a related writ petition decided earlier in the same terms.

What did the court decide?

Petitioners to approach the Chief Executive Officer, Nagar Palika Parishad, Gonda, raising grievance within three months.

Shafiq Ahmad and 10 Others vs State of U.P. Thru. Prin. Secy. Urban Development Lko and 4 Others — Allahabad HC (2024) — LawSathi Research

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Neutral Citation No. - 2024:AHC-LKO:72546-DB

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Court No. - 2

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Case :- WRIT - C No. - 9438 of 2024

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Petitioner :- Shafiq Ahmad And 10 Others Respondent :- State Of U.P. Thru. Prin. Secy. Urban Development Lko And 4 Others

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Counsel for Petitioner :- Deo Prakash Srivastava Counsel for Respondent :- G.A.,Anil Kumar Tripathi

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Hon'ble Rajan Roy,J. Hon'ble Brij Raj Singh,J.

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Heard learned counsel for the petitioners and Sri Anil K. Tripathi, learned consel for opposite party no.5.

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Counsel for the parties are ad idem that the issue involved herein was also involved in Writ-C No. 8827 of 2024 which has been decided on 16.10.2024 in the following terms:-

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"1. Heard learned counsel for the petitioner, Shri Anil Kumar Tripathi, learned counsel appearing for respondent No.5 and learned Standing counsel for the State and perused the record.

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2. By means of this petition, the petitioner seeks quashing of second paragraph of the notice issued in the month of June, 2024 by the opposite party No.5.

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3. The contention of the petitioner's counsel is that Nagar Palika Parishad, Gonda cannot force the petitioner to enter into a new tenancy agreement in view of the decree passed in favour of the petitioner and against the Nagar Palika Parishad, Gonda by the Civil Court on 23.05.1992 in Suit No.476 of 1990. However, we find that the notice impugned in this petition does not bear any number nor date, though it contains some signatures. It is informed that some notice has been published in the newspaper also and a copy thereof is also annexed at page No.64 of the petition.

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4. Be that as it may, let the petitioner move an application before the Chief Executive Officer, Nagar Palika Parishad, Gonda raising his grievance, which shall be considered and a decision be taken thereon as per law at the earliest, to say within a period of three months.

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5. With the aforesaid, the instant petition is disposed of."

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In view of the above, we dispose of this writ petition also

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on the same terms meaning thereby that the petitioners shall be entitled to the benefit of the observation/directions on same terms with corresponding obligation upon the Nagar Palika.

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(Brij Raj Singh, J.) (Rajan Roy,J.)

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Order Date :- 25.10.2024 dk/

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Digitally signed by :- DEVENDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Shafiq Ahmad and 10 Others v. State of U.P. Thru. Prin. Secy. Urban Development Lko and 4 Others

Case brief

What is this about?

What did the court decide?

Shafiq Ahmad and 10 Others v. State of U.P. Thru. Prin. Secy. Urban Development Lko and 4 Others

Case brief

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