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2025 DAILYLAW 116972 (ALL)

VIDYA PATI CHAUDHARY v. STATE OF U.P. THRU. PRIN. SECY. HOUSING AND URBAN PLANNING DEPTT. LKO. AND 2 OTHERS

WRIC/489/2025 · 2025-01-21

Manish Kumar, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:3809-DB Court No. - 2 Case :- WRIT - C No. - 489 of 2025 Petitioner :- Vidya Pati Chaudhary Respondent :- State Of U.P. Thru. Prin. Secy. Housing And Urban Planning Deptt. Lko. And 2 Others Counsel for Petitioner :- Birendra Kumar Yadav,Amit Kumar,Satendra Jaiswal Counsel for Respondent :- C.S.C.,Ratnesh Chandra Hon'ble Rajan Roy,J. Hon'ble Manish Kumar,J. 1. Vakalatnama filed by Shri Akhand Pratap Singh, as learned counsel for opposite party no. 2 is taken on record. 2. The petitioner is aggrieved by some illegal construction adjacant to his plot that too a construction for commercial purpose. However, we do not find the person who is undertaking the alleged construction in the array of opposite parties. 3. Nevertheless, the L.D.A says that the notices were issued under Section 27(1) of the U.P Urban Planning and Development Act, 1973 and thereafter, the premises have been sealed on 09.12.2024. 4. We do not express any opinion on the issues raised, but in view of what has been stated by the learned counsel for opposite party no. 2, nothing survives for adjudication in the present case. 5. It is made clear that our order shall not prejudice the rights, if any, claimed by the person who is undertaking the construction and this will not amount to acceptance of the allegation by the petitioner as we have not at all entered into the merits of the case. 6. Accordingly, the petition is disposed of. Order Date :- 21.1.2025 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench