Mahendra Kumar Sharma and Another vs State of Uttar Pradesh and 2 Others — Allahabad HC (2025) — LawSathi Research

Mahendra Kumar Sharma and Another vs State of Uttar Pradesh and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No interference with the demolition notice; writ petition disposed of with directions to petitioners to appear before respondent no. 3 on 28th November, 2025 at 3:00 PM with construction particulars, complainant to be noticed, and action per law if unauthorized construction found; in default, respondent no. 3 may proceed in terms of the impugned notice.

Issue for consideration

Whether the writ petitioners are entitled to interference with the demolition notice dated 22nd November, 2025 issued by respondent no. 3, the Executive Officer of the Nagar Panchayat.

Court's answer

The Court directs petitioners to present themselves before respondent no. 3 at 3:00 PM on 28th November, 2025 with all their documents and particulars of construction; in the meantime respondent no. 3 will notice the complainant and hear both parties.

Ratio / Principle

After hearing the parties, if unauthorized construction is found, respondent no. 3 will proceed in accordance with law.

Key takeaways

On omission of the petitioners to present themselves as directed, respondent no. 3 will thereafter forthwith proceed in terms of the impugned notice.ratio¶16

Detailed headnote1 paragraphs

Writ petition seeking interference with a demolition notice dated 22nd November, 2025 issued by respondent no. 3, Executive Officer of the Nagar Panchayat, following a complaint that petitioners encroached upon a lane overhead by constructing a 'chajja'. The impugned notice was a reminder issued after petitioners did not respond to an earlier notice, and the complainant was deliberately not impleaded in the petition. The High Court (Arindam Sinha and Satya Veer Singh, JJ.) declined interference and disposed of the writ petition, directing petitioners to appear before respondent no. 3 on 28th November, 2025 at 3:00 PM with all documents and particulars of construction; the complainant to be noticed and both sides heard; if unauthorized construction is found, respondent no. 3 to proceed in accordance with law; on default by petitioners, respondent no. 3 to forthwith proceed in terms of the impugned notice.

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - C No. - 42047 of 2025

Mahendra Kumar Sharma And Another

.....Petitioner(s)

Versus

State Of Uttar Pradesh And 2 Others

Counsel for Petitioner(s)	: Ashutosh Kumar Pandey .....Respondent(s)
Counsel for Respondent(s)	: C.S.C., Kameshwar Rao

Court No. - 39

HON'BLE ARINDAM SINHA, J. HON'BLE SATYA VEER SINGH, J.

Mr. Ashutosh Kumar Pandey, learned advocate appears on behalf of petitioners and submits, there be interference with demolition notice dated 22nd November, 2025 issued by respondent no. 3 (Executive Officer of the Nagar Panchayat).

Dr. D.K. Tiwari, learned advocate, Additional Chief Standing Counsel appears on behalf of State. Mr. Kameshwar Rao, learned advocate appears on behalf of respondent no. 3 (the Executive Officer) and submits, it is but a notice issued on receipt of complaint that petitioners have made construction over the lane. He submits further, this is reminder notice, since petitioners did not appear in response to earlier notice.

It appears there has been complaint made against petitioners for encroaching upon the lane, though over head, by constructing 'chajja'. Complainant has not been made party, obviously deliberately. Petitioners must present themselves with all their documents and particulars of construction before respondent no. 3 at 3:00 PM on 28th November, 2025. In the meantime said respondent will notice complainant. Upon hearing the parties, if unauthorized construction is found, said respondent will proceed in accordance with law.

It goes without saying, on omission of petitioners to present themselves as directed, said respondent will thereafter forthwith

WRIC No. 42047 of 2025

2

proceed in terms of impugned notice.

The writ petition is disposed of.

(Arindam Sinha,J.)

(Satya Veer Singh,J.)

November 26, 2025

Jaswant

Digitally signed by :- JASWANT KUMAR High Court of Judicature at Allahabad