Arshi and 5 Others vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

Arshi and 5 Others vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with an observation directing the petitioners to approach the respondent authority through their land owner/landlord, for the grievance against the demolition and protection of their tenancy, within two weeks; the authority to consider the representation and dispose of it in accordance with law.

Issue for consideration

Whether the controversy raised in this writ petition — threat of demolition of the petitioners' (tenants') house amid road-widening works at Dalmandi, Varanasi — is squarely covered by the coordinate Bench order dated 24.11.2025 in Writ C No.40143 of 2025 (Mukhtar Ahmad vs. State of U.P. and 2 others), warranting disposal of this petition on the same terms. +1 more

Court's answer

This Court is in respectful agreement with the coordinate Bench order passed in Mukhtar Ahmad (Writ C No.40143 of 2025, order dated 24.11.2025); with the factual and legal aspects undisputed, the present controversy is treated as covered by that order and the petition is dealt with on the same terms.

Ratio / Principle

If the petitioners approach the respondent authority through their land owner/landlord within two weeks with their grievance against the demolition and for protection of their tenancy, the authority will consider their representation and dispose of the same in accordance with law.

Detailed headnote1 paragraphs

Allahabad High Court (Mahesh Chandra Tripathi, J. & Kunal Ravi Singh, J.), WRIT - C No. 42367 of 2025 (Arshi and 5 others v. State of U.P. and 3 others), decided 02-12-2025: petitioners, tenants facing threatened demolition of their landlord's house in the Dalmandi area of Varanasi amid road-widening works by State and local authorities, did not dispute the factual and legal position. The Standing Counsel apprised the Court that the controversy was squarely covered by the coordinate Bench order dated 24.11.2025 in Writ C No.40143 of 2025 (Mukhtar Ahmad v. State of U.P. and 2 others), under which that petitioner had been directed to approach respondent nos. 2 and 3 through his land owner/landlord, the authority to consider and dispose of the representation in accordance with law. Expressing respectful agreement with that coordinate Bench order, this Court observed that if the present petitioners approach the respondent authority through their land owner/landlord within two weeks, the authority will consider their representation and dispose of the same in accordance with law; the instant writ petition accordingly stands disposed of.

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - C No. - 42367 of 2025

Arshi And 5 Others

.....Petitioner(s)

	Versus
State Of U.P. And 3 Others		.....Respondent(s)
Counsel for Petitioner(s)	: Azizur Rahman Ahmad	Khan, Zia Uddin
Counsel for Respondent(s)	: C.S.C.

Court No. - 29

HON'BLE MAHESH CHANDRA TRIPATHI, J. HON'BLE KUNAL RAVI SINGH, J.

Heard Shri Azizur Rahman Khan and Ms. Ramanna Fatma, learned counsel for the petitioners and Shri Fuzail Ahmad Ansari, learned Standing Counsel for State respondents.

At the outset, Shri Fuzail Ahmad Ansari, learned Standing Counsel apprises the Court that the controversy in hand is squarely covered by the order dated 24.11.2025 passed by the coordinate Bench in Writ C No.40143 of 2025 (Mukhtar Ahmad vs. State of U.P. and 2 others) .

For ready reference, the order dated 24.11.2025 is quoted herein below:-

"1. Petitioner claims to be tenant and is under threat of the demolition of the house of the land lord in a Dalmandi area of city of Varanasi where the road widening is taking place at the end of the State-respondents and the local authorities.

In our considered view, the owner of the property would be the real aggrieved person.

In the circumstances, we dispose of this petition with direction to the petitioner to approach the respondent no.2 and 3 through his land owner / land lord for the grievance against the demolition and protection of his tenancy and we further provide that in the event landlord approaches the

WRIC No. 42367 of 2025

2

respondent authority, it will consider his representation and shall dispose

of the same in accordance with law."

So far as factual and legal aspect is concerned, the same is not disputed by the learned counsel for the petitioners. However, he submits that some time may be accorded to file the representation through their land owner/landlord before the competent authority for redressal of their grievance in the light of the order passed in the case of Mukhtar Ahmad (supra).

We are in respectful agreement with the coordinate Bench order passed in Mukhtar Ahmad' case (supra). However, we observe that in case the petitioners approach the respondent authority through their land owner/landlord for the grievance against the demolition and protection of their tenancy within two weeks from today, it will consider their representation and dispose of the same in accordance with law.

With the aforesaid observations, the instant writ petition stands disposed of .

(Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.) December 2, 2025

Pkb/

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