Disposed

Ashish Jaiswal and Another v. State of U.P. and 5 Others

Allahabad HC10 Jan 2025WRIC/1133/2025

Case brief

AI extract

What is this about?

In a writ petition regarding threat of demolition of structures owned by petitioners, the Allahabad High Court directed petitioners to file objections to a notice received and directed the authority to pass a speaking order, staying further coercive measures until objections are decided.

What did the court decide?

Stay on coercive measures; direction to file objections within one week; direction to pass a speaking order upon receipt of objections.

Ashish Jaiswal and Another vs State of U.P. and 5 Others — Property and Title | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:5659-DB

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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Court No. - 21

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Case :- WRIT - C No. - 1133 of 2025

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Petitioner :- Ashish Jaiswal And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Devansh Misra,Anuj Bajpai Counsel for Respondent :- C.S.C.,Vineet Sankalp,Ravi Prakash Pandey

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Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J.

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1. Sri Vineet Sankalp, learned counsel on behalf of respondent no.6 is present.

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2. On a mention made that the matter is extremely urgent as there is threat of demolition we sent for the record of the case and it has been heard in presence of counsel for the parties.

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3. Learned counsel for the petitioners submits that the petitioners are owner in possession of plots bearing Municipal No. D-40/13 and D-40/13A, area admeasuring 552.45 sq. mtr. situated at mauja Laxmanpur, Ward Dshaswamedh, District- Varanasi, on basis of registered sale deed dated 06.09.2019, 07.09.2019 and 09.09.2019 executed in their favour by erstwhile owners, namely Waseema, Shabana, Parveen, Habeeba, Zubaid Shaheen, Zafar Malik and Hazara Nasreen. Their names were duly mutated in the municipal records on the basis of the aforesaid sale deeds.

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4. The respondent Authority carried out some demolitions on the plots on 23.12.2024 and 07.01.025 without any prior notice to the petitioners. The aforesaid land has neither been acquired nor any compensation has been paid to the petitioners and the entire action is wholly without the authority of law. There is imminent threat of remaining constructions being demolished.

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5. Shri Ajit Kumar Singh, learned Senior Counsel has appeared on behalf of respondent nos. 2 and 3. He seeks to place reliance on certain revenue entries of 1291 fasli in contending that the land in question is Arazi No. 9701 and it was recorded in the name of Beerbhadra Zamindar and the petitioners have no title over the

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same. He further submits that the petitioners have been issued notice on 16.12.2024, to submit their evidence within 10 days. He further submits that the petitioners have not submitted any evidence so far and in case the petitioners file any evidence in support of their title, the same would be duly considered.

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6. Learned counsel for the petitioners submits that the notice dated 16.12.2024 has not been served upon by the petitioners. Since however a copy of the same has been made available to them in court, they may be granted time to file objections against the same.

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7. Having regard to the aforesaid facts we dispose of the instant petition as follows:

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A) The petitioners will file objection against the notice dated 16.12.2024 positively within one week along with supporting evidence.

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B) The respondent Development Authority will pass a speaking order taking into consideration the objection and evidence as may be filed by the petitioners in reply to the notice dated 16.12.2024

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8. Until the objections are decided, no coercive measure shall be taken in respect of the constructions existing over the land in dispute.

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Order Date :- 10.1.2025 Shubham Arya

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(Anish Kumar Gupta, J.) (Manoj Kumar Gupta,J.)

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Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad

Ashish Jaiswal and Another v. State of U.P. and 5 Others

Case brief

What is this about?

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Ashish Jaiswal and Another v. State of U.P. and 5 Others

Case brief

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