WRIC/10475/2025 of MUKHTAR AHMAD AND 10 OTHERS Vs STATE OF U.P. THRU. URBAN DEVELOPMENT DEPPTT. LKO. AND 4 OTHERS on 3 November 2025

1. Impleadment application filed today is taken on record.

2. The petitioners wish to implead Waqf Molvi Mohammad Ismile Saheb, Waqf No.24, District Sitapur through its Mutawali as respondent No.6 in the present writ petition.

3. The application is allowed.

4. Let necessary incorporation be done during the course of the day.

5. Heard learned counsel for the petitioners, Shri Syed Aftab Ahmad, learned counsel appearing on behalf of newly impleaded respondent No.6, learned counsel for respondent Nos.4, 5 and learned Standing Counsel, who appears on behalf of respondent Nos.1 to 3.

6. The petitioners claim that they are located on the main road from Maza Shah Circle to Dari Mandi Circle, Laharpur, District Sitapur, on which road Nagar Palika Parishad, Laharpur, Sitapur is constructed a drainage line on both sides of the road in front of the shops located on the roadside. The drainage line constructed on the opposite side of the road, where the shops of petitioner Nos.1 to 10 are located, has been constructed around 24 feet away from the main road but the drainage line that is being constructed in front of the petitioners' shops is at a distance of 26 feet away from the road, causing disturbance in the front area of the shops of the petitioners. Versus Counsel for Petitioner(s) : Rajiv Raman Srivastava Counsel for Respondent(s) : C.S.C., Akram Azad Mukhtar Ahmad And 10 Others .....Petitioner(s) State Of U.P. Thru. Urban Development Depptt. Lko. And 4 Others .....Respondent(s)

7. The petitioners are members of Akhil Bhartiya Vypar Mandal (Regd.), Unit Laharpur, Sitapur (hereinafter referred to as "ABVM") and they raised their grievance before the local president of ABVM through their representation dated 10.05.2025. They also sent a representation to the Executive Officer, Nagar Palika Parishad, Laharpur, Sitapur on 14.05.2025. The president of ABVM wrote to the Government and the Joint Secretary wrote to the District Magistrate, Sitapur on 18.09.2025 to examine the grievance of the petitioners regarding discrimination in the construction of drainage by the Nagar Palika Parishad. It has been submitted that till date nothing has been done by the District Magistrate. Hence this petition.

8. Learned counsel appearing on behalf of Nagar Palika Parishad, Laharpur, Sitapur has stated that almost all work has been completed and produced coloured photographs of the construction of drain in front of the shops of the petitioners, from which it is evident that the petitioners had encroached upon the drainage line and the Nagar Palika Parishad has repaired the drainage line and has put cement concrete slabs over it.

9. Learned counsel appearing on behalf of newly impleaded respondent No.6 has also stated before this Court, on the basis of instructions, that the petitioners, although are tenants of the waqf, had encroached upon the road and the drainage line, which led to water accumulating on the roadside, causing difficulty for the general public. The drain has been constructed, over which cement concrete slabs have been placed by the Nagar Palika Parishad. We take the coloured photographs on record.

10. We find no good ground to interference as prayed for.

11. The writ petition is dismissed.

November 3, 2025 Shubhankar WRIC No. 10475 of 2025 2 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench