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2025 DAILYLAW 117534 (ALL)

AKASH v. STATE OF U.P. THRU. ADDL.CHIEF SECY./ PRIN. SECY. REVENUE DEPTT. LKO AND 4 OTHERS

WRIC/414/2025 · 2025-01-15

Brij Raj Singh, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:2460-DB Court No. - 2 Case :- WRIT - C No. - 414 of 2025 Petitioner :- Akash Respondent :- State Of U.P. Thru. Addl.Chief Secy./ Prin. Secy. Revenue Deptt. Lko And 4 Others Counsel for Petitioner :- Raj Kumar Mishra Counsel for Respondent :- C.S.C.,Ratnesh Chandra Hon'ble Rajan Roy,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioner and Sri Ratnesh Chandra, learned counsel for L.D.A. 2. The petitioner has preferred an appeal under Section 27 of the U.P. Urban Planning and Development Act, 1973 challenging demolition order dated 23.12.2024 passed under Section 27(1) thereof. During pendency of the appeal, the opposite parties are proceedings to demolish the premises in pursuance to impugned notice dated 23.12.2024. The appeal has been preferred on 02.01.2025 within the limitation as claimed. 3. If it is so then benefit of judgments of this Court dated 08.09.2020, 08.08.2018 & 27.06.2022 passed in Writ C no. 13722 of 2020, Writ C No. 25613 of 2018 & Writ C No. 4000 of 2022 respectively shall be extended to the petitioner also and demolition of the premises in question which is the subject matter of the appeal shall be deferred and the appeal shall be decided by the appellate authority expeditiously say within a period of six weeks. If the appeal is decided against the petitioner, it would be open for the opposite parties to proceed as per law but without prejudice to the rights of the petitioner to raise further challenge. This order is being passed subject to co- operation by the petitioner in the pending appeal. If he does not co-operate then it shall be open for the appellate authority to decide the appeal as per law. 4. With these observations/ direction, the petition is disposed of. 5. Sri Ratnesh Chandra, learned counsel for L.D.A. shall communicate our order for compliance to the concerned authority. 6. Copy of this order be provided to the parties within twenty four hours on payment of usual charges. (Brij Raj Singh,J.) (Rajan Roy,J.) Order Date :- 15.1.2025 Shanu/- Digitally signed by :- SHANU SUMAN High Court of Judicature at Allahabad, Lucknow Bench