Allahabad High Court
KHAN SAJEDA BIBI AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition is disposed with a direction to the Municipal Commissioner, Aligarh, to decide the petitioners' objections within six weeks and no coercive action shall be taken against the petitioners pending such decision.
Summary
The petitioners challenged a notice dated 21‑04‑2026 that demanded they produce documents concerning land in Gata No. 169 and threatened to deem their possession illegal if they failed to comply. The petitioners had filed a reply on 25‑04‑2026 raising objections, but the respondents proceeded to threaten demolition of the petitioners' constructions. The respondents argued that the writ petition was unnecessary and suggested that the Municipal Commissioner of Aligarh should address the petitioners' grievances. The Court, without examining the merits, disposed of the writ petition and directed the Municipal Commissioner to consider and decide the petitioners' objections within six weeks, after hearing them. The order also stayed any coercive action against the petitioners until the Municipal Commissioner decides the objections.
Issues considered
- What legal effect does the notice dated 21‑04‑2026 have on the petitioners' possession of the land?
- Whether the petitioners are entitled to a stay of coercive action pending resolution of their objections?
- Whether the High Court can direct the Municipal Commissioner to decide the objections instead of entertaining the writ petition further.
Subjects
- writ petition
- land dispute
- municipal commissioner
- stay order
- coercive action
- notice
- objections
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 17596 of 2026
Khan Sajeda Bibi And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Devi Prasad Singh, Suhel Ahmad Azmi
Counsel for Respondent(s) : C.S.C., Vibhu Rai
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 respondents and learned counsel for the respondent nos. 2 to 4.
2. The petitioners have filed the present writ petition being aggrieved by the
notice dated 21.04.2026, whereby the petitioners have been directed to
produce the relevant documents in respect of the land comprised in Gata No.
169 within a period of 15 days, failing which the possession of the
petitioners over the said land would be treated as illegal and proceedings
would accordingly be initiated against them.
3. It is contended on behalf of the petitioners that although the petitioners
have submitted a reply dated 25.04.2026 to the notice dated 21.04.2026, the
respondents, instead of taking a decision on the objections so filed by the
petitioners, are threatening to remove the constructions raised by the
petitioners over the land in dispute.
4. Learned counsel for the respondents submits that no useful purpose would
be served in keeping the writ petition pending and appropriate direction may
be issued to the Municipal Commissioner, Nagar Nigam, District Aligarh-
respondent no.2 to consider the grievance of the petitioners.
5. Considering the facts and circumstances of the case, without adverting to
the merits of the case, the writ petition is disposed of with a direction to the
Municipal Commissioner, Nagar Nigam, District Aligarh-respondent no. 2,
to consider and decide the objections filed by the petitioners in accordance
with law, expeditiously, preferably within a period of six weeks from the
WRIC No. 17596 of 2026
2
date of production of a certified copy of this order, after affording due
opportunity of hearing to the petitioners.
6. It is provided that till the objections so filed by the petitioners are decided
by the Municipal Commissioner, Nagar Nigam, District Aligarh (respondent
no. 2), no coercive action shall be taken against the petitioners by the
respondents pursuant to the impugned notice dated 21.04.2026.
May 6, 2026
Gaurav
(Sudhanshu Chauhan,J.) (Neeraj Tiwari,J.)
Digitally signed by :-
GAURAV PATEL
High Court of Judicature at Allahabad
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