SHAFIQUR RAHMAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Mr. D.P. Singh, Advocate holding brief of Mr. Suhel Ahmad Azmi, learned counsel for the petitioners, Mr. Vibhu Rai, learned counsel appearing on behalf of respondent nos.3, 4 & 5 and Mr. Sharad Chandra Upadhyay, learned Standing Counsel for the State respondent nos.1 & 2.

(2.) The present writ petition has been filed challenging the office memorandum dtd. 15/5/2026 passed by respondent no.3 and the notice dtd. 6/6/2026 issued pursuant to it, directing eviction of the petitioners from the residential quarters constructed by the Nagar Nigam, Aligarh, over the Plot Nos. 78 and 87 situated in Mauja Dodpur Mafi, Tehsil Kol, District Aligarh.

(3.) It is contended by learned counsel for the petitioners that over Nazul Plot Nos. 78 and 87, the Nagar Nigam, Aligarh constructed residential quarters for its employees. The predecessor-in-interest of petitioners were inducted as tenant in some of the vacant quarters, who had been regularly paying rent to the Nagar Nigam, Aligarh. It is further contended that, the Nagar Nigam, Aligarh, passed a resolution for declaring the accommodation in possession of the petitioners as freehold on deposit of requisite charges. The petitioners deposited the freehold charges as demanded from them. The Plot Nos.78 and 87, were declared freehold by the State Government in favour of Nagar Nigam, Aligarh. A freehold deed dtd. 26/9/2009 was executed by the then District Magistrate in its favour in respect of the aforesaid plots.