Barkat Ali Khan v. State of U.P. and 3 Others

Court No. - 21 Case :- WRIT - C No. - 36759 of 2023 Petitioner :- Barkat Ali Khan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Manu Khare,Jahangir Haider Counsel for Respondent :- C.S.C.,Sant Ram Sharma Hon'ble Manoj Kumar Gupta,Acting Chief Justice Hon'ble Donadi Ramesh,J.

¶1The instant petition has been filed praying for a writ of mandamus restraining respondent authorities from demolishing the house of the petitioner and decide the representation dated

03.08.2023.

¶2Shri Sant Ram Sharma, learned counsel appearing on behalf of Nagar Palika Parishad, Banda (respondent) is in receipt of instructions. He states that the constructions of the petitioner are encroachment over public road. He further states that Nagar Palika Parishad has not given any notice to the petitioner so far, however, as and when it decides to demolish the constructions, it would follow due process of law.

¶3Having regard to the aforesaid stand of the Nagar Palika Parishad, the instant petition is disposed of by providing that the respondents will not demolish the constructions of the petitioner without following due process of law. (Donadi Ramesh,J.) (Manoj Kumar Gupta, A.C.J.) Order Date :- 30.11.2023 Brijesh Maurya High Court of Judicature at Allahabad