JUDGMENT By the Court.—This writ petition has been taken today up in the chambers of one of us (Justice Ashok Bhushan) under the nomination by Hon’ble the Senior Judge dated 25.12.2012. 2. Heard Sri Bharat Bhushan Paul, learned counsel for the petitioner, Sri B.B. Paul, learned Senior Advocate appearing for respondent Nos. 2 and 3, Sri Chandra Shekhar Singh, learned Additional Chief Standing Counsel for the State and Sri S.D. Kautilya appearing for the Nagar Nigam, Allahabad. 3. By this writ petition, the petitioner has prayed for quashing the notice dated 13th March, 2012 (Annexure-1 to the writ petition) which directed handing over the possession of Gomti within 15 days failing which the same was to be forcibly occupied or sealed/demolished. The petitioner has also prayed for a writ of prohibition restraining the respondent Nos. 2 and 3 from demolishing Gomti No. 14 situate at Mahatma Gandhi Marg, Civil Lines, Allahabad. 4. Learned counsel for the petitioner submits that the said notice is not addressed to the petitioner and was addressed to another person. Learned counsel for the Allahabad Development Authority states that notice in the name of the petitioner had also been sent and served and a joint representation was submitted by the Gomti Holders of Mahatma Gandhi Marg, Civil Lines, Allahabad. A copy of the said representation dated 2nd April, 2012 has also been enclosed alongwith the writ petition as Annexure-8. 5. The petitioner was granted licence for 11 months of Gomti No. 14, Mahatma Gandhi Marg, Civil Lines, Allahabad vide order dated 14.1.1999 a copy of which has been enclosed as Annexure-2 to the writ petition. The case of the petitioner is that although the licence was never extended but petitioner had been depositing the rent up to March, 2012. It is further submitted that rent was also increased. 6. Learned counsel for the Allahabad Development Authority and Nagar Nigam, Allahabad submit that Gomties were constructed on the pavement and all the Gomties situate at Mahatma Gandhi Marg, Civil Lines, Allahabad have to be removed. It is further stated that Allahabad Development Authority has already initiated process for removal of Gomties. It is further stated that on non renewal of licence of one of the Gomties situate in Mahatma Gandhi Marg, Civil Lines, a writ petition being Writ Petition No. 43037 of 2002 was filed which writ petition was relating to Gomti No. 11. It is further stated that Allahabad Development Authority has already initiated process for removal of Gomties. It is further stated that on non renewal of licence of one of the Gomties situate in Mahatma Gandhi Marg, Civil Lines, a writ petition being Writ Petition No. 43037 of 2002 was filed which writ petition was relating to Gomti No. 11. The said writ petition has been dismissed on 23rd October, 2002. The order dated 23rd October, 2002 passed in the said writ petition has also been quoted in the notice (Annexure-1 to the writ petition) which is to the following effect : “The petitioner has challenged the impugned order dated 5.9.2002 (Annexure-10 to this petition) and has prayed for renewal of his licence for Gomti No. 11 situate at M.G. Marg, Allahabad. We are of the opinion that there is no merit in this petition. The petitioner was granted a licence for 11 months and that period has expired on 2.2.2002. The petitioner has no right to get a renewal of the licence. The Gomti was constructed on the road side of the road M.G. Marg, Allahabad which is a very busy road which required widening. We are not inclined to exercise our discretion under Article 226 of the Constitution nor we find any illegality in the order. The writ petition is dismissed. Interim order if any is vacated.” 7. The petitioner’s licence having not been renewed and came to an end on 12.12.1999, the petitioner cannot claim any right on the Gomiti moreso when a notice was given on 13th March, 2012 to give possession within 15 days. The Allahabad Nagar Nigam and the Allahabad Development Authority are fully justified in taking possession or to demolish the Gomti. 8. Learned counsel for the petitioner lastly contended that regarding matter of some other Gomti holders situate at Mahatma Gandhi Marg, Allahabad, a writ petition being Writ Petition No. 52280 of 2012 is pending consideration in this Court. 9. Learned counsel for the Allahabad Nagar Nigam and Allahabad Development Authority submit that no interim order has been granted in the said writ petition and mere pendency of writ petition does not give any right to the petitioner to claim any order in this writ petition. 10. We have considered the submissions of learned counsel for the parties and perused the record. 11. 10. We have considered the submissions of learned counsel for the parties and perused the record. 11. The petitioner’s licence which was granted on 14.1.1999 for 11 months admittedly came to an end on 12.12.1999. The licence of the petitioner has not been renewed thereafter. The petitioner claims to be depositing the rent up to March, 2012. Learned counsel for the Allahabad Development Authority submits that there was no order passed by the Development Authority for depositing the rent and deposit of rent by the petitioner in HDFC Bank was of its own and does not confer any right on the petitioner. Learned counsel for the Nagar Nigam, Allahabad submits that all the Gomties which are on pavement of Mahatma Gandhi Marg are to be demolished with regard to which steps are being taken by the Development Authority as well as the Nagar Nigam. It is submitted that Gomti No. 14 on pavement of Mahatma Gandhi Marg is causing great hindrance to road traffic and looking to the heavy rush of people in ensuing Maha Kumbh, it is necessary to remove the Gomti for smooth flow of traffic. The petitioner having failed to establish any right on the basis of which any relief can be granted to the petitioner, we are of the view that writ petition deserves to be and is hereby dismissed. ——————