Mohammad Haneef vs State Of U.P. And 2 Others
2013 Latest Caselaw 6528 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- WRIT - C No. - 57656 of 2013
 

 
Petitioner :- Mohammad Haneef
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Umesh Shankar
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Arun Tandon,J.

Hon'ble Anjani Kumar Mishra,J.

It is the case of the petitioner that despite there being a permanent injunction in his favour by a competent Civil Court, respondent Municipal Corporation, Rampur, is proceeding to demolish the shop in question, which has been constructed by the petitioner over his own land. 

Having heard learned counsel for the parties,  and after having examined the record, the issue appears to be as to whether the petitioner has made constructions upon the Road-Patti or on the land of the Nagar Nigam.  We think it fit to permit the petitioner to raise there grievance before respondent no. 2 at the first instance.

In view of the aforesaid, writ petition is disposed of with liberty to the petitioner to make a representation ventilating all his grievances before respondent No. 2 within two weeks from today along with a certified copy of this order.  The respondent no. 2 shall decide the same by a reasoned and speaking order within four weeks thereafter.

Order Date :- 22.10.2013

Priyanka