HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 34968 of 2025 Court No. - 29 HON'BLE MAHESH CHANDRA TRIPATHI, J. HON'BLE KUNAL RAVI SINGH, J. 1. Heard Shri Suhail Bhardwaj, learned counsel for the petitioner; Shri N.K. Pandey, learned Standing Counsel for State respondents and Shri Pranjal Mehrotra, learned counsel for U.P. Avas Evam Vikas Parishad (in short "Parishad"). 2. The instant writ petition has been preferred for quashing the order dated 3.9.2025 passed by the Executive Engineer, Construction Division Meerut- 03 of the Parishad. 3. Learned counsel for the petitioner is permitted to implead Executive Engineer, Construction Division Meerut-03 of the Parishad, who had passed the impugned order dated 3.9.2025. 4. Learned counsel for the petitioner submits that the petitioner has raised construction over the plot, which has been allotted by the Parishad. On the spot he had established one medical establishment namely Saraswati Hospital located at IS-124 near P.V.S. Mall Opposite Rain Basera, Shastri Nagar, Meerut. NOC in this regard was also accorded by the Fire Department, which is valid w.e.f. 10.5.2023 to 9.5.2026. There is also proper parking place in the medical establishment. There is certain deviation in the construction, which is well within the limits of compounding as per the building byelaws framed by the Parishad. He submits that said factual aspect may be considered by the competent authority i.e. newly impleaded respondent. As such leave may be accorded to the petitioner to press the relief before the newly impleaded respondent. It is also assured that the Versus Counsel for Petitioner(s) : Suhail Bhardwaj Counsel for Respondent(s) : C.S.C., Pranjal Mehrotra Ankush Tyagi .....Petitioner(s) State Of U.P. And 7 Others .....Respondent(s) petitioner will move appropriate application for the construction, which is compoundable and the non-compoundable portion shall be removed by the petitioner himself. However, the Authority may consider the NOC, which has been accorded by the fire department as well as the parking space, which has been provided in his building. Due to lack of proper enquiry, the order impugned has been passed on account of which the Chief Medical Office has cancelled the medical establishment of the petitioner. 5. Considering the factual situation, once the petitioner himself has given undertaking that the petitioner will move appropriate application for compounding and non-compoundable portion will be demolished, we do not find any good ground to keep the matter pending consideration. Accordingly, the instant writ petition stands disposed of with observation that in case the petitioner files exhaustive representation ventilating his grievances with categorical undertaking that non-compoundable portion would be removed without any agitation, the Parishad may consider the claim of the petitioner sympathetically. In case the Parishad takes a positive call in the matter, on the basis of the same, the petitioner may pursue his claim for license before the Chief Medical Officer, Meerut. October 9, 2025 SP/ WRIC No. 34968 of 2025 2 (Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- SURYA PRAKASH High Court of Judicature at Allahabad