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Synopsis

In a significant development, the Allahabad High Court has taken cognizance of the demolition of a house belonging to Sunil Kumar, the petitioner in a writ petition. Court has directed the Uttar Pradesh government to file an affidavit explaining the circumstances surrounding the demolition, which occurred immediately after the Additional Collector (Land Revenue) Azamgarh passed an order on July 22, 2024.

The high court's order, passed by the bench of Justice Prakash Padia on September 6, 2024, raises questions about the haste and potential disregard for procedural law in demolishing the house.

The court has sought an explanation from the government, asking why the demolition was carried out without following due process.

According to the petition, the Additional Collector (Land Revenue) Azamgarh had passed an order under Section 67(5) of the UP Revenue Code, 2006, which led to the demolition of the petitioner's house. The petitioner approached the court seeking quashing of the impugned judgment and order passed by the Additional Collector.

The court observed that the demolition was carried out without adhering to the procedures laid down by law.

The high court has directed the standing counsel for the State to file an affidavit by a senior officer of the department, explaining the circumstances leading to the demolition. The affidavit is to be filed within two weeks.

The court has posted the matter for further hearing on September 6, 2024.

In the interim, the court has ordered maintenance of status quo at the site, effectively staying any further action by the authorities. 

The petition was argued by advocates Jai Shankar Mishra, Rohit Kumar, Shardendu Mishra, and Vipin Kumar Tiwari for the petitioner, while the respondent was represented by the Chief Standing Counsel and Rameshwar Prasad Shukla.

Case Title: Sunil Kumar Vs. State Of Up And 3 Others