Court No. - 1
Case :- WRIT - C No. - 42417 of 2019 Petitioner :- Suresh Shahi And 44 Others Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Sanjay Kumar Om,Paritosh Kumar Malviya Counsel for Respondent :- C.S.C.,Sanjay Kumar Tripathi
Hon'ble Ramesh Sinha,J. Hon'ble Ajit Kumar,J.
Sri Chandra Shekhar Pandey has filed vaklatnama on behalf of respondent no. 3 which is taken on record.
Heard Sri S.K. Om, learned counsel for the petitioners, Sri Chandra Shekhar Pandey, learned counsel appearing on behalf of respondent no. 3, learned Standing Counsel for respondent nos. 1, 2 and 4 and perused the record.
By means of this petition under article 226 of the constitution, the petitioner has prayed for the following relief:-
"Issue a writ, order or direction in the nature of mandamus commanding the respondents not to dispossess and evict the petitioners from their respective quarters, (as shown in the chart) situated ini Reid's Dharmshala, Gorakhpur."
The petitioner has come up before this Court on the basis of news item published in city edition of 'Amar Ujala' daily newspaper on 28.11.2019. He further states that even the District Magistrate had visited the site. The contention advanced on behalf of the petitioners is that the District Magistrate is trying to take coercive measure against the petitioners, who are in possession in the capacity of tenant of the Nagar Nigam, Gorakhpur as the Dharmshala stands under the maintenance of the Nagar Nigam.
We made a repeated query from the counsel for the petitioners as to whether the petitioners have been served with a notice of eviction by the Nagar Nigam or any demolition order has been passed by the Nagar Nigam, he only submits that the coercive action is likely to take place at the end of district administration.
Learned counsel appearing on behalf of respondent Nagar Nigam does not dispute the fact that the petitioners are tenant of the Dharmshala in question and at the same time admits that no notice has been issued for the eviction of the premises.
In such above view of the matter, we are of the opinion the apprehension expressed in the writ petition is wholly misconceived. However, we hereby provide that in case, if any, coercive measure is to be taken against the petitioners, the same shall be only in accordance with law and as per the provisions contained under the U.P. Municipal Corporation Act, 1959.
With the aforesaid observations, the writ petition is consigned to record.
(Ajit Kumar, J.) (Ramesh Sinha, J.) Order Date :- 19.12.2019 Shiraz