MOHAMMAD MAROOF Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri H.P.Pandey for the petitioner, learned Standing Counsel for respondent Nos. 1 and 2, Sri Govind Krishna for respondent No. 3 and Sri Jamil Ahmad for respondent No. 4.

(2.) THE writ petition is directed against the order dated 10th June, 2004 (Annex- ure 8 to the writ petition) passed by Executive Officer, Nagar Palika Parishad, Azamgarh directing for demolition of House No. 96 and the order dated 12th July, 2005 passed by District Magistrate, Azamgarh (Annexure 1 to the writ petition) dismissing appeal of petitioner against aforesaid order of demolition.

(3.) THE said order was passed without any notice to the petitioner, who was actually residing in the said rented house. As soon as he got the knowledge of this order, preferred appeal No. 35/38/2005 under Section 318 of Nagar Palika Adhiniyam, 1959 (hereinafter referred to as "1959 Act") before the District Magistrate, the respondent No. 2, which was dismissed on 12th July, 2005.