Afsar Ali v. State of U.P. Thru. Prin. Secy. Urban Development U.P. Govt. Lko. and Others

Court No. - 1 Case :- WRIT - C No. - 10431 of 2023 Petitioner :- Afsar Ali Respondent :- State Of U.P. Thru. Prin. Secy. Urban Development U.P. Govt. Lko. And Others Counsel for Petitioner :- Nazmul Hasan,Vinay Misra Counsel for Respondent :- C.S.C.,Sriniwas Bajpai Hon'ble Attau Rahman Masoodi,J. Hon'ble Om Prakash Shukla,J.

¶1Heard learned counsel for the petitioner, Shri Sriniwas Bajpai, learned counsel for the respondent No.5 and learned Standing Counsel for State-respondent Nos.1 to 4.

¶2Shri Sriniwas Bajpai, learned counsel for respondent No.5 has submitted that the apprehension of the petitioner that his dwelling house is likely to be demolished is wholly misplaced as there are no proceedings for any such action in contemplation. It is, however, informed that the vacant land upon which the concrete was dumped by the petitioner has been removed inasmuch as the said land was a nazul land though appurtenant to the petitioner's house.

¶3The activity for dumping any such material was impermissible upon such a land, therefore, the same has been removed. The civil suit in this regard is also pending before the competent civil court.

¶4Once it is clarified that the dwelling house is not likely to be damaged and the action for removal of sand etc. has already been taken, therefore, for any residual cause, it shall be open to the petitioner to avail the appropriate remedy before the civil court which is pending.

¶5The writ petition, for what has been observed above, is disposed of. (Om Prakash Shukla, J.) (Attau Rahman Masoodi, J.) Order Date :- 29.11.2023 Shubhankar High Court of Judicature at Allahabad, Lucknow Bench