SMT SAPNA YADAV AND ANOTHER v. State of UP AND 3 OTHERS
WRIC/21723/2024 · 2026-03-08
Kunal Ravi Singh, Mahesh Chandra Tripathi
body2024
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[ 2024 DAILYLAW 2630 (ALL) · dailylaw.ai ]
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[ 2024 DAILYLAW 2630 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 21723 of 2024 Court No. - 21 HON'BLE MAHESH CHANDRA TRIPATHI, J.
HON'BLE KUNAL RAVI SINGH, J.
1. Heard Sri Rakesh Pandey, learned Senior Advocate assisted by Sri Hemendra Pratap Singh, learned counsel for the petitioners, Sri Suresh Singh, learned Additional Chief Standing Counsel for the State respondents and Ms. Akriti Chaturvedi holding brief of Sri Ravi Anand Agarwal. 2. The instant writ petition has been preferred in the year 2024 inter alia for the following relief :
"i. Issue a writ order or direction in the nature of certiorari for quashing of the impugned order of demolition dated 16.04.2024 (Annexure no. 1), impugned order of sealing of the building in question dated 16.04.2024 (Annexure no. 2) and the impugned order dated 18.05.2024 (Annexure no. 3) directing to seal the building, all passed by respondent no. 4. ii. Issue a writ order or direction in the nature of mandamus directing the respondent no. 4 not to give effect to the demolition order dated 16.04.2024 (Annexure no. 1). iii. Issue a writ order or direction in the nature of mandamus directing the respondent no. 4 to remove the sealing of the building in question forthwith by permitting the petitioner no. 1 to rectify/remove the illegal Versus Counsel for Petitioner(s) : Akshay Pratap Singh, Jyoti Kumar Singh, Naresh Chandra Tripahti, Suchita Tripathi Counsel for Respondent(s) : Ravi Anand Agarwal, C.S.C., Krishna Agarawal, Nipun Singh, Raghav Dwivedi Smt Sapna Yadav And Another .....Petitioner(s) State Of Up And 3 Others .....Respondent(s)
construction, as precisely and specifically pointed out by respondent no. 4 and/or by his officers of the respondent department, authorized for, within the time as may be stipulated by this Hon'ble Court. iv. Award the cost of the petition in favour of the petitioners."
3. Learned counsel for the petitioners submits that the petitioners are auction purchasers of the entire building constructed upto the 3rd floor. The U.P. Awas Vikas Parishad had issued notices for unauthorized construction at the third floor (top floor). Learned counsel submits that as there are certain deviation in the construction which is contrary to the approved plan by the U.P. Awas Vikas Parishad, therefore, the entire premises has been sealed. On account of sealing order, the petitioners are suffered irreparable loss and injury.
On the instructions, he submits that the petitioners are inclined to remove the offending portion in view of the order impugned in case the building is de-sealed. 4. Considering the facts and circumstances, as the petitioners have themselves volunteered before this Court to remove the illegal portion as per lay out plan, we expect that the said removal be carried out in presence of some official of the U.P. Awas Vikas Parishad expeditiously and meanwhile, the authority is also directed to de-seal the premises to ensure demolition of the offending part. 5. With the aforesaid observation, the writ petition stands disposed of. March 9, 2026 Priya WRIC No. 21723 of 2024 2 (Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad