Allahabad High Court
JAVED IQBALversusSTATE OF U.P. AND 5 OTHERS
- Decided
Holding
The petition was disposed in accordance with the earlier judgment in Syed Abbas Murtaza Shamsi, thereby upholding the stay on demolition and quashing the notice.
Summary
Javed Iqbal filed a writ petition challenging a notice dated 15‑04‑2026 issued under Section 331(1)(2) of the Uttar Pradesh Municipal Corporation Act, 1959, which sought demolition of his house in Varanasi. He sought certiorari to quash the notice and mandamus to restrain the authorities from demolishing the house. The respondents produced an instruction and inspection report but did not contest the petitioner's arguments. The Court observed that the matter was identical to the earlier decision in Syed Abbas Murtaza Shamsi v. State of U.P. (Writ‑C No. 16633 of 2026) and disposed of the petition on the same terms. Accordingly, the petition was dismissed and the parties were directed to maintain the status‑quo regarding the house 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 the authorities can be compelled by mandamus to refrain from demolishing the petitioner's house.
Legislation cited
- Uttar Pradesh Municipal Corporation Act, 1959 — s. 331(1)(2)
Subjects
- certiorari
- mandamus
- municipal corporation
- demolition
- status quo
- Uttar Pradesh Municipal Corporation Act
- section 331
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 17126 of 2026
Javed Iqbal
.....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:-
"i. Issue a writ, order or direction in the nature of certiorari quashing the impugned
notice dated 15.04.2026 letter no. 35/ko-jo/26-27 issued by respondent no. 4 and 6
under Section 331(1)(2) of Uttar Pradesh Municipal Corporation Act, 1959.
ii. 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-69/26, 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. 17126 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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