Allahabad High Court
JAVED ALAMversusSTATE OF U.P. AND ANOTHER
- Decided
Holding
The petition is disposed of in accordance with the judgment in Syed Abbas Murtaza Shamsi v. State of U.P., and the status quo is to be maintained.
Summary
Petitioner Javed Alam filed a writ petition seeking the quashal of a notice dated 23‑04‑2026 and a mandamus directing the respondents to refrain from any coercive or demolition action concerning his house at Chowk, Varanasi. The respondents produced an instruction dated 30‑04‑2026 and an inspection report dated 15‑04‑2026. The petitioner relied on the earlier decision of this Court in Syed Abbas Murtaza Shamsi v. State of U.P. (Writ‑C No.16633 of 2026) decided on 07‑05‑2026, arguing that the same principles apply. The respondents did not contest this reliance. The Court disposed of the present petition by referring to the earlier judgment, directing the parties to maintain the status quo regarding the petitioner’s property until the completion of the relevant exercise.
Issues considered
- Whether the notice dated 23‑04‑2026 and the contemplated demolition of the petitioner’s house can be quashed.
- Whether a writ of mandamus can be issued to restrain the respondents from taking coercive action.
- Whether the earlier judgment in Syed Abbas Murtaza Shamsi v. State of U.P. is applicable to the present facts.
Subjects
- writ petition
- certiorari
- mandamus
- demolition
- status quo
- administrative action
- property rights
- Uttar Pradesh
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 18014 of 2026
Javed Alam
.....Petitioner(s)
Versus
State of U.P. and Another
.....Respondent(s)
Counsel for Petitioner(s) : Mohammad Waseem
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 no. 2.
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 23.04.2026 issued by respondent no. 2."
b. Issue a writ order or direction in the nature of mandamus directing and commanding
the respondents from taking any coercive action or demolition activity regarding
House No. CK42/11, Chowk, Varanasi."
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.
6. Accordingly, writ petition is disposed of in terms of judgment of this
WRIC No. 18014 of 2026
2
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
Checking your session…