/8560/2025 of SAHKARI SANGH LTD. THRU. SABHAPATI PREETI SINGH AND ANOTHER Vs STATE OF U.P. THRU. PRIN. SECY. URBAN DEVELOPMENT LKO. AND ANOTHER on 14 October 2025

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8560 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J.

In pursuance of orders dated 04.9.2025 and 07.10.2025 instructions has been sent by SDM Sirauligauspur, Barabanki dated 08.10.2025 which has been placed before us. From the said instructions it is evident that the SDM has passed the order for demolition of the building of the Sahkari Samiti without following due process and without giving the opportunity of hearing to the said Sahkari Samiti. No legal provision has been mentioned in the order or in the instructions under which order of the demolition was passed. It has only been said that because the building is dilapidated and is standing on Gata No.443 where Navratri celebrations take place and huge number of people climb up the building to witness the procession and celebration etc. and there was likelihood of such building falling down causing great loss to lives. The order has been passed by the SDM. However, in the said instructions there is also mention of the fact that the President/ Secretary of Sahkari Samiti, Tikait Nagar has submitted objections on 25.8.2025 bringing to the notice of the authorities that there is one civil suit pending in the Court of Civil Judge (Junior Division), Court No.13, Barabanki relating to the same property. Taking into account the the pendency of Regular Suit No.931/2023 [Sadhan Sahkari Sangh Limited Tikait Nagar vs. Nagar Panchayat Tikait Nagar], the order issued by the SDM has taken further steps to hold the Navratri celebrations in a safe manner and barricading had been erected all around the building in question so that the people do not climb on it leading to possibility of a mishappening. Versus Counsel for Petitioner(s) : Prashant Kumar Mishra, Shiv Pal Singh Counsel for Respondent(s) : C.S.C., Ram Kumar Singh Sahkari Sangh Ltd. Thru. Sabhapati Preeti Singh And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Urban Development Lko. And Another .....Respondent(s)

A letter dated 28.8.2025 sent to the District Magistrate, Barabanki informing of the developments in the matter and regarding pendency of the Regular Suit No.931/2023 has been enclosed to the said instructions. The said instructions are kept on record. Since the order impugned in this petition is no longer operative as the instructions make it clear that there is no proposed demolition, writ petition is disposed of with the direction to the SDM Sirauligauspur as also to District Magistrate, Barabanki only to proceed strictly in accordance with law as and when need for demolition of building arises.

October 14, 2025 mks WRIC No. 8560 of 2025 2 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench