The Allahabad High Court addressed a petition filed by Smt. Vimla Devi challenging a notice issued by the U.P. Revenue Department. The notice, dated 28.06.2025, directed her to remove an unauthorized construction or face demolition. The court’s decision has provided temporary relief, ensuring no demolition until legal proceedings under Section 67 of the CPC are completed.
Background of the Case
The petitioner, Smt. Vimla Devi, approached the court under Article 227 of the Constitution, contesting the notice served by the State of Uttar Pradesh. The notice demanded the removal of an alleged unauthorized construction. Failure to comply would result in demolition by the authorities.
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Represented by her counsel, Vinay Kumar Tiwari, Vimla Devi argued against the abrupt action, seeking judicial intervention. On the other hand, the State, represented by the Standing Counsel and Pankaj Gupta, clarified that the notice was merely a preliminary step. They confirmed that formal proceedings under Section 67 of the CPC had been initiated, and no demolition would occur until these proceedings concluded.
After hearing both sides, Hon’ble Justice Pankaj Bhatia disposed of the petition with a clear directive. The court ordered that no demolition action could be taken until the proceedings under Section 67 CPC were finalized. The judgment emphasized that the authorities must follow due process and decide the matter in accordance with the law.
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“No action of demolition shall take place till the conclusion of the proceedings under Section 67 C.P.C., which shall be decided in accordance with law.”
This ruling ensures that Vimla Devi and others in similar situations are protected from immediate demolition without a fair legal process.
Key Takeaways
Legal Protection Against Arbitrary Demolition: The judgment reinforces the principle that authorities cannot demolish structures without completing proper legal proceedings.
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Importance of Due Process: The court’s order highlights the necessity of adhering to legal frameworks, such as Section 67 CPC, before taking coercive action.
Relief for Property Owners: Property owners facing similar notices can seek judicial intervention to ensure their rights are protected.
Case Title: Smt. Vimla Devi vs. State of U.P. Thru. Secy. Revenue Lko. And 4 Others
Case No.: MATTERS UNDER ARTICLE 227 No. - 4237 of 2025
Petitioner’s Counsel: Vinay Kumar Tiwari
Respondents’ Counsel: C.S.C. (Standing Counsel) & Pankaj Gupta