Deep Praksh Jaiswal vs Nagar Nigam Lucknow Thru. Municipal ...
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Allahabad High Court

Deep Praksh Jaiswal vs Nagar Nigam Lucknow Thru. Municipal ... on 18 November, 2024

Author: Rajan Roy

Bench: Rajan Roy

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:75716-DB
 
Court No. - 2
 

 
Case :- WRIT - C No. - 9886 of 2024
 

 
Petitioner :- Deep Praksh Jaiswal
 
Respondent :- Nagar Nigam Lucknow Thru. Municipal Commissioner Lko.. And 4 Others
 
Counsel for Petitioner :- Pritish Kumar,Amal Rastogi
 
Counsel for Respondent :- Namit Sharma,C.S.C.
 

 
Hon'ble Rajan Roy,J.
 

Hon'ble Brij Raj Singh,J.

Heard.

The grievance of the petitioner is that without any notice and without following the due process of law / procedure prescribed, an order of demolition dated 08.11.2024 has been passed which is annexed as Annexure No. 1.

Learned Counsel for the Nagar Nigam relies upon a judgment dated 19.12.2006 passed in Regular Suit No. 769 of 2001 filed by the petitioner wherein the Administrator, Nagar Nigam, Lucknow was an opposite party which was a suit for injunction and as per the operative portion i.e. the order in the judgment, the Nagar Nigam could proceed to evict the petitioner after following due procedure prescribed in law. He says that proceedings for demarcation has already been done on 06.11.2024. However, on being asked to demonstrate any notice given to the petitioner, based on such an exercise, learned Counsel could not place it as of now. He seeks time.

List/Put up this case on 21.11.2024 as fresh.

Till then, the impugned demolition order shall not be given effect.

Order Date :- 18.11.2024

Lokesh Kumar

[Brij Raj Singh, J.] [Rajan Roy, J.]