Allahabad High Court
SANJAY SINGH YADAVversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The court disposed of the writ petition, directing further hearing by the Commissioner and refusing to grant interim relief.
Summary
The petitioner, Sanjay Singh Yadav, filed a writ petition challenging the Appellate Authority's refusal to grant interim relief under the Nagar Niyojan Adhiniyam, 1973 in a demolition matter. The petitioner changed his counsel on the hearing date, leading the court to question the bonafide nature of his conduct. The court noted that the matter was scheduled for hearing on 12‑08‑2026 but was not heard, and a new date of 05‑10‑2026 was fixed. It directed the Commissioner of Prayagraj to hear the case on the next date and ordered that any pending records be sent to the Appellate Authority before that hearing, with a specific note to consider the actual land of the petitioner. Consequently, the writ petition was disposed of without granting interim relief.
Issues considered
- Whether the petitioner is entitled to interim relief under the Nagar Niyojan Adhiniyam, 1973.
- Whether the petitioner's change of advocate on the hearing date affects the bonafide nature of the petition.
- Whether the appellate authority's refusal to grant interim relief can be set aside.
Legislation cited
- Nagar Niyojan Adhiniyam, 1973
Subjects
- Writ petition
- Interim relief
- Demolition
- Nagar Niyojan Adhiniyam
- Bonafide conduct
- Appellate authority
- Land dispute
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 35419 of 2026
Sanjay Singh Yadav
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Dhirendra Kumar Yadav
Counsel for Respondent(s) : C.S.C., Vibhu Rai
Court No. - 36
HON'BLE SAURABH SHYAM SHAMSHERY, J.
1. Heard Sri Dhirendra Kumar Yadav, Sri M.Trivedi, learned counsel for the
petitioner and Sri Vibhu Rai for respondent nos.3 and 4. .
2. Court does not find conduct of petitioner to be bonafide since he has
changed his Advocate on the date of hearing, still in the interest of justice I
have perused the impugned order whereby the Appellate Authority under
Nagar Niyojan Adhiniyam 1973 has declined to grant interim relief and
matter was fixed for hearing on 12.8.2026 and on said date it was not heard
and it is informed that next date fixed is 5.10.2026.
3. In the aforesaid circumstances, considering that it is a case of demolition,
therefore, it is observed that Commissioner, Prayagraj shall hear the matter
on the next date fixed for hearing.
4. So far as records are concerned, it is directed that if it is already not sent
by concerned authority, be sent to the Appellate Authority before the next
date of hearing and while considering the appeal, issue in regard to actual
land of petitioner shall also be taken note of considering para Cha. as well as
nature of area as referred in paragraph no.5 of memo of appeal.
5. Writ Petition is accordingly disposed of.
(Saurabh Shyam Shamshery,J.)
September 8, 2026
SB
Digitally signed by :-
SANDEEP BHATTACHARYA
High Court of Judicature at Allahabad
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