Smt. Priti Agrawal Vs Sri. Satyendra Kumar, District Magistrate Varanasi and 6 Others

Applicant before this Court is a tenant of House No. CK-43/167-167A170 Govindpura Halka Chowk, Varanasi. Apprehending the demolition and eviction applicant with other persons had approached this Court through Writ-C No. 6952 of 2026 which was disposed of on 20.2.2026 in following terms;

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"1. Heard Shri Dinesh Kumar Singh, learned counsel for the petitioners and Shri Fuzail Ahmad Ansari, learned Standing Counsel for State respondents.

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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).

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

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"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.

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

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CAPL No. 2705 of 2026

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2

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aggrieved person.

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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 respondent authority, it will consider his representation and shall dispose of the same in accordance with law."

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

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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.

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

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From perusal of the order of writ Court it is clear that applicant was directed to file a representation through her land owner/landlord before the respondent authority.

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In paragraph no. 10 of the personal affidavit filed by the District Magistrate, Varanasi it has been stated that the owner of the said house was Mohisina Sheikh, Abdul Rasid Sheikh and Noorafsa Parveen, who have executed sale-deed in favour of Public Works Department Varanasi on 17.1.2026 and 21.1.2026 for a sale consideration of Rs. 1,11,71,620/-, copy of the sale-deed has been appended as anneuxre Nos. 2 and 3 to the personal affidavit.

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CAPL No. 2705 of 2026

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3

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(Rohit Ranjan Agarwal,J.)

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As the sale-deeds have been executed by the owners of the property in question. The Division Bench of this Court in case of Shahnawaz Khan Vs. State of U.P. and others, Writ-C No. 12319 of 2025, had already held that the State authorities can only take the possession of the property either through voluntarily transfer or compulsory acquisition. In the instant case, the State had purchased the property in question through a valid sale-deed executed by the owners of the property, no case for contempt is made out.

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Contempt application stands dismissed.

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May 7, 2026 Shekhar

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Digitally signed by :- SHASHI SHEKHAR PANDEY High Court of Judicature at Allahabad

Smt. Priti Agrawal v. Sri. Satyendra Kumar, District Magistrate Varanasi and 6 Others

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Smt. Priti Agrawal v. Sri. Satyendra Kumar, District Magistrate Varanasi and 6 Others

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