Aazid Khan vs State Of U.P. And 2 Others
2022 Latest Caselaw 20890 ALL

Citation : 2022 Latest Caselaw 20890 ALL
Judgement Date : 13 December, 2022

Allahabad High Court

Aazid Khan vs State Of U.P. And 2 Others on 13 December, 2022

Bench: Surya Prakash Kesarwani, Mohd. Azhar Idrisi




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 3
 

 
Case :- WRIT - C No. - 37802 of 2022
 

 
Petitioner :- Aazid Khan
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Punit Kumar Gupta,Pradeep Kumar Sharma
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Surya Prakash Kesarwani,J.

Hon'ble Mohd. Azhar Husain Idrisi,J.

None appears for the petitioner to press the writ petition.

This writ petition has been filed praying for the following relief:

"(1) to issue a writ order or direction in the nature of Mandamus restraining the Respondent No. 2 & 3 from demolishing the Petitioner's shop situated over Plot No. 781, Village Shahi Uttari, Pargana Shahi, Tehsil Meerganj, District Bareilly (now Town Area Shahi) in pursuance to earlier notice dated 30.10.2021 until the Petitioner is put to fresh notice and given opportunity of hearing as directed by this Hon'ble Court vide Judgment & dated 26.05.2022 passed in Writ C No. 14436/2022 (Aazid Khan Vs. State of U.P. & others)."

We find that the petitioner has earlier filed Writ-C No.14436 of 2022 (Aazid Khan vs. State Of U.P. And 2 Others), which was disposed of by order dated 26.05.2022, as under:

"Learned counsel for the petitioner has submitted that the controversy at hand is squarely covered by an order passed by this Court on 19.5.2022 in Writ-C No.13049 of 2022.

Learned Standing Counsel does not object to the submission put forth.

Accordingly, for the same reasons, this writ petition is disposed of with the following directions.

1. If the respondent nos.2 and 3 proposes to proceed against the petitioner with respect to any particular property they may be at liberty to issue a specific notice giving details of the nature of occupation i.e. at least the area occupied and its approximate location in the total land claimed to be unauthorizedly occupied. Such notice may be issued within a period of two weeks.

2. Upon issuance of the such notice appropriate opportunity of hearing may be granted to the petitioner to file a written objection and the matter may be proceeded thereafter, accordingly. "

In view of the aforequoted order passed by this court, we do not find any good reason to pass a fresh order. In fact, this writ petition is the second writ petition for the same cause of action and, therefore, it is dismissed.

Order Date :- 13.12.2022

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