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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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