Allahabad High Court
SMT AASHA PRABHA JAIN AND 2 OTHERSversusSTATE OF UP AND 2 OTHERS
- Decided
Holding
The writ petition is disposed of without merits, and a stay of coercive measures is ordered subject to a written undertaking and further procedural compliance.
Summary
The petitioners, Smt Aasha Prabha Jain and two others, filed a writ petition challenging a show‑cause notice dated 13‑08‑2026 issued by the respondents, the State of UP and two others. The petition sought relief against any coercive action pending the resolution of the notice. The Court, without delving into the merits of the petition, ordered that the proceedings arising from the show‑cause notice be conducted strictly according to law, taking into account the petitioners' written objection filed on 31‑08‑2026. The Court also directed that a personal hearing be held within one month and that no coercive measures be taken against the petitioners for six weeks, provided they submit a written undertaking by 11‑09‑2026 not to raise further constructions and to maintain the status quo. The petition was therefore disposed of, with the stay and procedural directions remaining in force.
Issues considered
- What procedural steps should be followed in proceedings arising from the impugned show‑cause notice?
- Whether a stay of coercive measures can be granted pending resolution of the petitioner's objections?
Subjects
- writ petition
- show cause notice
- stay of coercive measures
- status quo
- procedural law
- Allahabad High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 35557 of 2026
Smt Aasha Prabha Jain And 2 Others
.....Petitioner(s)
Versus
State Of Up And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Sushil Kumar Tiwari
Counsel for Respondent(s) : C.S.C., Kaushalendra Nath Singh
Court No. - 39
HON'BLE SAUMITRA DAYAL SINGH, J.
HON'BLE SWARUPAMA CHATURVEDI, J.
1. Having heard Sri Sushil Kumar Tiwari, learned counsel for the
petitioners, learned Standing Counsel for the State-respondents, Sri
Ridhim Gupta, learned Advocate holding brief of Sri Kaushalendra Nath
Singh, learned counsel for the NOIDA and perused the record.
2. Without entering into the merits, the writ petition is disposed of with
the direction, subject to proceedings arising on the impugned show cause
notice dated 13.08.2026, may be conducted and concluded strictly in
accordance with law, after affording due consideration to the written
objection filed by the petitioner dated 31.08.2026 (Annexure No. 9 to the
writ petition) and upon affording brief opportunity of personal hearing
within a period of one month from today.
3. For a period of six weeks, no coercive measures may be adopted
against the petitioner subject to the petitioner furnishing a written
undertaking to respondent No.2 by 11.09.2026 that they shall not raise
any other or further constructions and shall maintain status quo as on
date.
(Swarupama Chaturvedi,J.) (Saumitra Dayal Singh,J.)
September 9, 2026
Anurag/-
Digitally signed by :-
ANURAG JAISWAL
High Court of Judicature at Allahabad
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