Hesham Ahmad @ Ehtesham and 6 Others vs State of U.P. Thru. Prin. Secy. Nagar Vikas Govt. Lko. and 5 Others — Allahabad HC (2025) — LawSathi Research

Hesham Ahmad @ Ehtesham and 6 Others vs State of U.P. Thru. Prin. Secy. Nagar Vikas Govt. Lko. and 5 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Continuation of the interim protection (no demolition of the petitioners' shops) till the next date of listing; matter relisted for 10.11.2025 for consideration after the respondent's para-wise reply to the writ petition.

Issue for consideration

Whether any allotment order exists in favour of any of the petitioners in the records of Nagar Palika Parishad, Balrampur (respondent counsel submits none is found). +2 more

Ratio / Principle

At this hearing the Court decided to continue the interim order, if any, till the next date of listing, thereby maintaining the limited protection granted on 24.07.2025 against demolition of the petitioners' shops; adjudication of the merits (allotment status, falsity of Annexure No. 5) was deferred to the hearing fixed for 10.11.2025 following the respondent's para-wise reply.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Lucknow Bench (Court No. 2) — Writ-C No. 7088 of 2025 — Hesham Ahmad @ Ehtesham & 6 others v. State of U.P. thru. Prin. Secy., Nagar Vikas, Govt. Lko. & 5 others — Coram: Mrs. Sangeeta Chandra and Amitabh Kumar Rai, JJ. — Decided 27.10.2025. Interim-stage hearing concerning threatened eviction/demolition of the petitioners' shops at Balrampur. The Court continued the interim order granted on 24.07.2025 (shops not to be demolished while their allotment persists and has not been cancelled) till the next date of listing, fixed for 10.11.2025. Counsel for Nagar Palika Parishad, Balrampur (Sri Krishna Kumar Singh), who had been absent from the earlier hearing owing to cancer chemotherapy, submitted on instructions that Annexure No. 5 to the writ petition is apparently false, that no shops were erected by the Parishad at the place-in-question (petitioners set up shanties/'gomties' on their own but paid rent accepted by the Parishad), and that no allotment order exists in favour of any petitioner in the Parishad's records; he sought time for a para-wise reply. No statute or precedent case was invoked; the merits were not adjudicated at this stage — limited citation value beyond the continued interim relief.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

WRIT - C No. - 7088 of 2025

Hesham Ahmad @ Ehtesham And 6 Others

.....Petitioner(s)

Versus

State Of U.P. Thru. Prin. Secy. Nagar Vikas Govt. Lko. And 5 Others

o. n ers		.....Resp	ondent(s)
Counsel for Petitioner(s)	: Mohd. Ali, Wahab Khan	Ankit Mishra,	Perwaiz
Counsel for Respondent(s)	: C.S.C., Krisha	na Kumar Singh

Court No. - 2

HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J.

We have heard learned counsel for the petitioners and perused the order dated 24.07.2025, wherein this Court had granted limited protection to the petitioners pertaining to their shops from which they were sought to be evicted, by saying that if the allotment of the petitioners pertaining to their shops-in-question still persists and has not been cancelled, then the shops shall not be demolished till the next date of listing.

Sri Krishna Kumar Singh, learned counsel, appears for Nagar Palika Parishad, Balrampur and he states that he was sick at the relevant time and was undergoing chemotherapy for cancer treatment when the writ petition was taken up by this Court. As a result, he could not appear before the Court and assist when the interim order dated 24.07.2025 was passed.

He has pointed out from the contents of Annexure No. 5 to the writ petition that such Annexure No.5 is apparently false. He also states, on the basis of instructions, that no shops were erected by Nagar Palika Parishad, Balrampur, at the place-in-question. The petitioners had set up shanties (gomties) on their own, but they were paying rent, which was being accepted by Nagar Palika Parishad, Balrampur. He further submits that there is no allotment order in favour of any of the petitioners in the records of Nagar Palika Parishad, Balrampur. He also prays for time to file para-wise reply to the writ petition.

List this matter on 10.11.2025.

WRIC No. 7088 of 2025

2

Interim order, if any, shall continue till the next date of listing.

October 27, 2025 Ashish Dewal

(Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.)

Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench