Court Grants Time for Affidavits Amidst Allegations of Unlawful Eviction and Maintains Status Quo Until Next Hearing
In a significant development, the Allahabad High Court has intervened to prevent an imminent demolition of a property allegedly under threat by state authorities. The division bench comprising Justices Mahesh Chandra Tripathi and Vivek Varma ordered the maintenance of the status quo on the property until the next hearing, scheduled for April 29, 2026.
The petitioners, led by Suman Devi, had approached the court with an urgent writ petition citing an immediate threat of demolition slated for early morning the following day. They challenged the eviction orders, arguing that the state authorities had overlooked crucial materials submitted by them. The petitioners contended that their properties, consisting of residential and commercial structures, were constructed on land allotted under a specific government scheme, the legality of which they claim was not duly considered in the eviction process.
The court, noting the urgency of the situation, observed the parameters of a prima facie case, balance of convenience, and potential irreparable harm to the petitioners. It directed the state respondents to file a counter affidavit within a week, allowing the petitioners three days thereafter to submit a rejoinder. The judges emphasized the need for a fair assessment of claims before proceeding further.
The court's order came after hearing arguments from senior counsel for the petitioners, who highlighted the risk of irreparable damage if the demolition proceeded. The petitioners' counsel argued that despite compliance with earlier court directives and submission of relevant documents, the eviction order was passed without proper consideration.
On the other hand, the state’s counsel opposed the relief, asserting that the petitioners were given ample opportunity to present their case, which they allegedly failed to utilize, prompting the authorities to act on the merits of the case. The counsel also referenced past directives by the court, suggesting that the petitioners' actions were inconsistent with their claims.
In its directive, the court ordered immediate communication of its decision to the concerned authorities to ensure compliance, emphasizing the need for maintaining the status quo until the matter is further deliberated.
This case highlights the court's role in balancing the rights of individuals against administrative actions, ensuring that legal processes are adhered to and that justice is served without undue haste or oversight.
Bottom Line:
Urgency in writ petition alleging imminent threat of demolition - Court directed maintenance of status quo until the next date of listing and sought affidavits from State respondents and petitioners for further consideration.
Statutory provision(s): Writ Petition - Administrative Action.
Suman Devi v. State of U.P., (Allahabad)(DB) : Law Finder Doc id # 2884842
