Smt. Vimla Devi @ Susheela & ... vs State Of U.P. And 3 Others
2015 Latest Caselaw 3650 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- WRIT - C No. - 59953 of 2015
 

 
Petitioner :- Smt. Vimla Devi @ Susheela & Another
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Nigamendra Shukla
 
Counsel for Respondent :- C.S.C.,H.P. Singh
 

 
Hon'ble Arun Tandon,J.

Hon'ble Vipin Sinha,J.

Heard learned counsel for the petitioners, Sri Pradeep Chauhan, Advocate appearing on behalf of the respondent no.2 and perused the record.

It is the case of the petitioner that constructions have been raised over Plot No. 1105/1 and 1108/1, Ghatwasan, Pargan & District Agra.

From the record of the present petition, we find that in respect of the same immovable property, the husband of the petitioner had earlier filed the Writ Petition No. Nil of 1992 alleging therein that the respondent authorities are illegally proceeding to demolishing the construction raised by the petitioner. The writ petition was disposed of vide order dated 11.11.1992 providing therein that no demolition can be affected without service of notice under the U.P. Nagar Palika Adhiniyam.

It is the case of the petitioner that despite the said order of the Court the petitioners  threatened with demolition by the office of the Deputy Labour Commissioner, Agra. Hence this petition.

We are of the considered opinion that there is already an order of this Court providing that no demolition of the constructions can be effected except after service of notice. We see no reason as to how demolition can be effected contrary to the order of this Court. 

The writ petition is disposed of.

Order Date :- 29.10.2015

Ashish Pd.