Allahabad High Court
SUNIL MUSADDIversusSTATE OF UP AND 3 OTHERS
- Decided
Holding
The petition was disposed with directions to the Superintendent of Police to provide security for demolition, without granting a mandamus against the Nagar Palika Parishad.
Summary
The petitioner, Sunil Musaddi, filed a writ petition seeking a mandamus directing the Nagar Palika Parishad, Mirzapur to demolish the Musaddi Dharmshala, which was deemed dilapidated, and also requested police protection for the demolition. The petition relied on a notice dated 09-10-2025 issued by the Nagar Palika ordering demolition. The court examined whether it could compel the municipal authority to carry out demolition and direct the police to provide security. It held that the petition could not be granted as a writ but allowed the petitioner to approach the Superintendent of Police for representation. Consequently, the court directed the Superintendent of Police to provide necessary security for compliance of the demolition order and to issue a reasoned order if any legal impediment arises, and disposed of the writ petition.
Issues considered
- Whether the court can issue a writ of mandamus directing the Nagar Palika Parishad to demolish the dilapidated Dharmshala.
- Whether the court can direct the police to provide security for the demolition.
- Whether the petitioner is entitled to relief in the form of a writ directing demolition.
Subjects
- demolition
- mandamus
- police protection
- municipal authority
- dilapidated building
- public safety
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 16386 of 2026
Sunil Musaddi
.....Petitioner(s)
Versus
State Of Up And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ramesh Kumar Singh
Counsel for Respondent(s) : C.S.C.
Court No. - 4
HON'BLE NEERAJ TIWARI, J.
HON'BLE SUDHANSHU CHAUHAN, J.
1. Heard learned counsel for the petitioner, learned standing counsel for
the State-respondent nos. 1 to 3 and Sri Harshit Pandey, learned counsel
for the respondent no. 4.
2. The petitioner by means of the present writ petition has prayed for the
following relief:
"(i). issue a writ, order or direction in the nature commanding the respondent District
Magistrate, Mirzapur and Superintendent of Police to provide police force to the
petitioner to get the Dharmshala demolished in compliance of the notice issued by
Nagar Palika Parishad dated 09.10.2025;
(ii). issue a writ, order or direction in the nature of mandamus commanding the Nagar
Palika Parishad, Mirzapur to get the Musaddi Dharmshala, demolish expeditously
within stipulated time framed and secure the lives of the persons and the residence of
near by place of the said Dharmshala."
3. Learned counsel for the petitioner submits that the impugned notice
dated 09.10.2025 has been issued by respondent no. 4 to the petitioner
directing demolition of the house on the ground that it is in a dilapidated
condition.
4. In light of the aforesaid facts, the writ petition is disposed of with
liberty to the petitioner to approach the Superintendent of Police,
Mirzapur-respondent no. 3 by filing an appropriate representation for
WRIC No. 16386 of 2026
2
redressal of his grievances. The respondent no. 3 is directed to provide
necessary security force for compliance of the order dated 09.10.2025
passed by respondent no. 4. In case of any legal impediment, respondent
no. 3 shall pass a reasoned and speaking order within a period of two
weeks.
(Sudhanshu Chauhan,J.) (Neeraj Tiwari,J.)
May 6, 2026
Arif
Digitally signed by :-
MOHAMMAD ARIF
High Court of Judicature at Allahabad
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