Samajwadi Party Moves Allahabad High Court Against Eviction Of Pilibhit District Office
The Samajwadi Party (SP) has approached the Allahabad High Court challenging the decision of the Nagar Palika Parishad, Pilibhit, to evict the Party from its district office premises.
On June 27, the Party filed an urgency application before a Division Bench, apprising the Court that the Nagar Palika Parishad is set to constitute a committee the same day, which is likely to proceed with the eviction of the Party within the next two days.
However, since the counsel representing the Nagar Palika Parishad did not have instructions in the matter, a Bench of Justice Jayant Banerji and Justice Madan Pal Singh granted him time till July 1 to obtain instructions. The matter is now listed for hearing on July 1.
This development comes days after the Supreme Court dismissed a Special Leave Petition filed by the SP against an order of the Allahabad High Court, restraining the Party's District President in Pilibhit from filing further writ petitions on the same issue.
The apex court had, however, permitted the Party to independently approach the High Court with its grievance.
For context, in its SLP, the Party had submitted that its District President, Anand Singh Yadav, had earlier moved the High Court alleging illegal eviction by the Nagar Palika Parishad from the office premises. The High Court, however, refused to entertain the plea and restrained Yadav from initiating further writ proceedings based on the same cause of action.
Challenging this, the SP told the Supreme Court that it does not endorse the views or actions of Yadav and that his earlier writ petition was filed in his personal capacity. The Party sought liberty to approach the High Court afresh to protect its rights.
Senior Advocate Siddhartha Dave, appearing for SP, submitted before a Bench of Justice Sandeep Mehta and Justice PB Varale that the High Court's earlier order had effectively restrained the official party from seeking judicial remedy despite the fact that the Party has been in possession of the premises for 16 years and has been regularly paying rent.
Read more about what happened in the case before the Top Court here: Supreme Court Allows Samajwadi Party To Approach Allahabad HC Against Eviction Of Pilibhit District Office
Before the HC, the Party has contended that the eviction orders were passed without affording it any opportunity of hearing on November 12, 2020. It now seeks directions to the Chairman and the Executive Officer of the Nagar Palika Parishad, Pilibhit, to take a decision regarding the execution of a lease deed in the Party's favour, pursuant to a letter of possession issued on March 17, 2005.