Allahabad High Court
GOPICHANDRA SRIVASTAVAversusSTATE OF U.P. AND 4 OTHERS
- Decided
Holding
The Court declined to quash the notices but permitted the petitioner to file an objection to the demolition notice within a week, after which the respondents may consider it and act accordingly.
Summary
Petitioner Gopichandra Srivastava filed a writ petition seeking to quash a demolition notice dated 08‑09‑2025 and an eviction notice dated 09‑03‑2026, alleging that the demolition notice was issued without a hearing and violated natural justice. He also prayed for mandamus to restrain demolition and eviction and for the authorities to decide a representation filed on 18‑04‑2026. The High Court held that the petition could not be granted in its entirety but allowed the petitioner a week to file a reply or objection to the demolition notice. If an objection is filed, the respondent will consider it and pass an appropriate order; otherwise the demolition may proceed as per the notice. The petition was therefore disposed with liberty to raise an objection, and no orders were made against the eviction notice or the mandamus prayers.
Issues considered
- Whether the demolition notice dated 08‑09‑2025 is violative of the principles of natural justice for not affording a hearing.
- Whether the eviction notice dated 09‑03‑2026 can be quashed on similar grounds.
- Whether a writ of mandamus can be issued to restrain demolition of the premises and eviction of the petitioner.
- Whether respondent No.2 is obliged to decide the representation dated 18‑04‑2026.
Subjects
- natural justice
- demolition notice
- eviction notice
- writ of certiorari
- mandamus
- property rights
- procedural fairness
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 17463 of 2026
Gopichandra Srivastava
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Pradip Kumar Srivastava
Counsel for Respondent(s) : Abhinava Krishna Srivastava, 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. and 2 and Sri Abhinava Krishna Srivastava,
learned counsel for the respondent nos. 3 and 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 of certiorari quashing the impugned
notice dated 08.09.2025, send by respondent no. 3 to petitioner regarding demolition
of the House no. 84/56 Mewa Lal Ka hata, Anwarganj Kanpur Nagar, in which shop
of petitioner is situated. (Annexure No. 2 to writ petition).
II. Issue a writ, order or direction in the nature of certiorari quashing the impugned
notice dated 09.03.2026 send by respondent no. 4 to station officer, PS. Sisamau
Kanpur Nagar to evict the petitioner from premises in dispute. (Annexure No. 3 to writ
petition).
III. Issue a writ, order or direction in the nature of mandamus directing the
respondent nos. 3 and 4 not to demolish the premises in dispute and also not to evict
the petitioner from the premises in dispute.
IV. Issue a writ, order or direction in the nature of mandamus directing the
respondent no. 2 decide the representation dated 18.04.2026 send by petitioner to
respondents, in accordance with law."
3. Learned counsel for the petitioner submits that the impugned notice
WRIC No. 17463 of 2026
2
dated 08.09.2025 has been issued by respondent no. 2 to the petitioner
directing demolition of the house on the ground that it is in a dilapidated
condition, without affording any opportunity of hearing to the petitioner.
It is, therefore, contended that the aforesaid impugned notice is in
violation of the principles of natural justice and is liable to be quashed.
4. In light of the aforesaid facts, the writ petition is disposed of with
liberty to the petitioner to file reply/objection to the notice dated
08.09.2025 within one week. In case such a reply/objection is filed, the
respondent no. 4 shall consider the same and pass an appropriate order in
accordance with law.
5. It is further provided that in case objection is not filed within a week, it
shall be open for the respondents to proceed pursuant to the impugned
notice dated 08.09.2025 in accordance with law.
(Sudhanshu Chauhan,J.) (Neeraj Tiwari,J.)
May 5, 2026
Arif
Digitally signed by :-
MOHAMMAD ARIF
High Court of Judicature at Allahabad
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