Smt. Parul Vij vs Union Of India And 2 Others
2026 Latest Caselaw 9 ALL

Allahabad High Court

Smt. Parul Vij vs Union Of India And 2 Others on 13 January, 2026

HIGH COURT OF JUDICATURE AT ALLAHABAD

Neutral Citation No. - 2026:AHC:9008

HIGH COURT OF JUDICATURE AT ALLAHABAD

MATTERS UNDER ARTICLE 227 No. - 180 of 2026

Smt. Parul Vij

.....Petitioner(s)

Versus

Union Of India And 2 Others

.....Respondent(s)

Counsel for Petitioner(s)

:

Iqbal Ahmad

Counsel for Respondent(s)

:

A.S.G.I.

Court No. - 5

HON'BLE MANISH KUMAR NIGAM, J. 1. This petition has been filed for the following reliefs:

"I. Issue an order or direction of suitable nature setting aside the judgment and order dated 28.10.2025 passed by Additional District and Session Judge, Court No.13, Moradabad in Misc. Civil Appeal No.57 of 2022 as well as order dated 14.06.2022 passed by respondent no.3 in case no. 82/PPEA/ Bhumi Moradabad under Section 9 & 5 respectively of the provisions of The Public Premises (Eviction of Unauthorised Occupants) Act, 1971.

1I. Issue an order or direction of suitable nature, directing the respondents not to interfere in the peaceful possession of the petitioner over the shop in dispute (shop no.102) situated in old Bus Stand Rampur Road Moradabad."

2. Contention of learned counsel for the petitioner is that proceedings were initiated under The Public Premises (Eviction of Unauthorised Occupants) Act, 1971 against a dead person and the orders were passed against one Bhimsen, who was dead on the date of the order. An appeal was filed by the petitioner, who is son of Bhimsen, taking specific plea that Bhimsen was dead when the order was passed against him or even when the proceedings were initiated. No finding has been recorded by the appellate court regarding this fact. Learned counsel for the petitioner further contended that order against a dead person is void and cannot be given effect to.

3. At this stage, Sri Shashi Prakash Singh, learned A.S.G.I. appearing on behalf of all the respondents, submitted that this petition may be allowed and the orders may be set aside and remanded for fresh consideration after ensuring service upon all the opposite parties and giving opportunity of hearing to all the parties concerned.

4. In view of the statement made by Sri Shashi Prakash Singh, learned A.S.G.I., the orders dated 28.10.2025 and 14.06.2022 are set aside. 5. The petition is allowed and the prescribed authority is directed to conclude the proceedings after giving a reasonable opportunity of objection as well as leading evidence to all the parties concerned in respect of their case provided there is no other legal impediment.

(Manish Kumar Nigam,J.)

January 13, 2026

Nitika Sri.