Allahabad High Court
SMT. SHAHIDA BANO AND ANOTHERversusSTATE OF U.P. AND 5 OTHERS
- Decided
Holding
The petition is dismissed and the status quo is maintained as per the earlier judgment in Syed Abbas Murtaza Shamsi v. State of U.P.
Summary
Shahida Bano and another filed a writ petition challenging a notice issued under Section 331(1)(2) of the Uttar Pradesh Municipal Corporation Act, 1959 and seeking a mandamus to stop demolition of their house in Varanasi. The petitioners argued that the notice was unlawful and that the demolition should be restrained. The respondents produced an instruction and inspection report but did not contest the petitioners' reliance on a recent decision of the same court. The court held that the present petition should be disposed of in accordance with the earlier judgment in Syed Abbas Murtaza Shamsi v. State of U.P., thereby maintaining the status quo on the property. Consequently, the petition was dismissed and the parties were directed to preserve the existing situation pending completion of the proceedings.
Issues considered
- Whether the notice issued under Section 331(1)(2) of the Uttar Pradesh Municipal Corporation Act, 1959 is valid and can be quashed.
- Whether a writ of mandamus can be issued to restrain the demolition of the petitioner's house.
Legislation cited
- Uttar Pradesh Municipal Corporation Act, 1959 — s. 331(1)(2)
Subjects
- municipal law
- demolition
- certiorari
- mandamus
- status quo
- Uttar Pradesh Municipal Corporation Act
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 16787 of 2026
Smt. Shahida Bano And Another
.....Petitioner(s)
Versus
State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Mohammad Khalid
Counsel for Respondent(s) : C.S.C., Vineet Sankalp
Court No. - 4
HON'BLE NEERAJ TIWARI, J.
HON'BLE SUDHANSHU CHAUHAN, J.
1. Heard learned counsel for the petitioner, learned Sanding Counsel for
State-respondents and Shri Vineet Sankalp, learned counsel appearing for
respondent nos. 4, 5 & 6.
2. Present petition has been filed seeking following reliefs:-
"a. Issue a writ, order or direction in the nature of certiorari quashing the impugned
notice dated 15.04.2026 letter no. 40/ko-jo/26-27 issued by respondent no. 4 and 6
under Section 331(1)(2) of Uttar Pradesh Municipal Corporation Act, 1959.
b. Issue a writ order or direction in the nature of mandamus directing and commanding
the respondents to refrain from forcing the petitioners and his family members to
remove, demolish his house no. CK-68/34, Dalmandi, Varanasi in the light of notice
dated 15.04.2026."
3. Shri Vineet Sankalp has produced instruction dated 30.04.2026 along
with inspection report dated 15.04.2026, which are taken on record.
4. Learned counsel for petitioner submitted that present controversy is
squarely covered with the judgment of this Court passed in Syed Abbas
Murtaza Shamsi vs. State of U.P. and others; (Writ-C No. 16633 of 2026)
decided on 07.05.2026, therefore, this petition may also be disposed of on
same terms.
5. Learned counsels for respondents has not disputed the aforesaid
submissions.
WRIC No. 16787 of 2026
2
6. Accordingly, writ petition is disposed of in terms of judgment of this
Court passed in Syed Abbas Murtaza Shamsi (Supra).
7. For the reasons contained in judgment & order dated 07.05.2026 passed
in Syed Abbas Murtaza Shamsi (Supra), parties are directed to maintain
status quo as on date with regard to the petitioner's house or shop as the
case may be, till the completion of all the exercise.
(Sudhanshu Chauhan,J.) (Neeraj Tiwari,J.)
May 7, 2026
Sartaj
Digitally signed by :-
SARTAJ AHMAD
High Court of Judicature at Allahabad
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