Allahabad High Court
MOHAMMAD NIYAMAT ALI KHANversusSTATE OF U.P. AND 6 OTHERS
- Decided
Holding
The petition is disposed of in terms of the earlier judgment in Syed Abbas Murtaza Shamsi v. State of U.P., with a status‑quo order maintained.
Summary
Petitioner Mohammad Niyamat Ali Khan filed a writ petition challenging a notice issued by the Varanasi Development Authority under Section 27 of the U.P. Urban Planning and Development Act, 1973 and another notice under Section 331(1)(2) of the Uttar Pradesh Municipal Corporation Act, 1959. The Court dismissed the first prayer as not pressed, allowing the petitioner to file a fresh petition. The petitioner then contended that the controversy was already decided in Syed Abbas Murtaza Shamsi v. State of U.P. (Writ‑C No.16633 of 2026). The respondents did not dispute this submission. Accordingly, the Court disposed of the present petition in accordance with the earlier judgment and directed that the status quo be maintained concerning the petitioner’s house or shop until the completion of the relevant exercise.
Issues considered
- Whether the notice issued under Section 27 of the U.P. Urban Planning and Development Act, 1973 can be quashed.
- Whether the notice issued under Section 331(1)(2) of the Uttar Pradesh Municipal Corporation Act, 1959 can be quashed.
- Whether the present petition is barred because the same controversy has been decided in an earlier judgment.
Legislation cited
- U.P. Urban Planning and Development Act, 1973 — s. 27
- Uttar Pradesh Municipal Corporation Act, 1959 — s. 331(1)(2)
Subjects
- writ petition
- certiorari
- urban planning
- municipal corporation
- status quo
- precedent
- procedural dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 18045 of 2026
Mohammad Niyamat Ali Khan
.....Petitioner(s)
Versus
State Of U.P. And 6 Others
.....Respondent(s)
Counsel for Petitioner(s) : Mohammad Khalid
Counsel for Respondent(s) : C.S.C., Ravi Prakash Pandey, 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 , Sri Ravi Prakash Pandey, learned counsel for
respondent nos. 4 & 7 and Shri Vineet Sankalp, learned counsel appearing
for respondent nos. 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 17.04.2026 issued by respondent no. 7 (Zonal
Officer Varanasi Development Authority, Varanasi Zone 3) under Section
27 of the U.P. Urban Planning and Development Act, 1973.
b. Issue a writ, order or direction in the nature of certiorari quashing the
impugned notice dated 23.04.2026 issued by respondent no.5 under
Section 331(1)(2) of Uttar Pradesh Municipal Corporation Act, 1959."
3. Shri Vineet Sankalp has produced instruction dated 30.04.2026 along
with inspection report dated 23.04.2026, which are taken on record.
4. Learned counsel for petitioner submitted that so for prayer no. (i) is
concerned, writ petition may be dismissed as not pressed with liberty to file
fresh petition.
5. Accordingly, writ petition is dismissed as not pressed with aforesaid
liberty, so far as it relates to prayer no. (i).
WRIC No. 18045 of 2026
2
6. 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.
7. Learned counsels for respondents has not disputed the aforesaid
submissions.
8. Accordingly, writ petition is disposed of in terms of judgment of this
Court passed in Syed Abbas Murtaza Shamsi (Supra).
9. 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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