MAHENDRA KUMAR SRIVASTAVA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF URBAN DEVELOPMENT LKO AND 3 OTHERS
WRIC/1036/2025 · 2025-02-05
Om Prakash Shukla, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 121260 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 121260 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:7471-DB Court No. - 2 Case :- WRIT - C No. - 1036 of 2025 Petitioner :- Mahendra Kumar Srivastava Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Urban Development Lko And 3 Others Counsel for Petitioner :- Yogeshwar Sharan Srivastava,Ashish Kumar Srivastava Counsel for Respondent :- C.S.C.,Ratnesh Chandra Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J.
1. Heard.
2. The petitioner has filed this petition challenging a notice contained as Annexure No.1, however, we find that the said notice refers to an order of demolition dated 13.11.2024. Counsel for the Lucknow Development Authority, Shri Ratnesh Chandra has placed before us the order dated 13.11.2024 passed by the prescribed authority in Case No.1420/2023 (Lucknow Development Authority vs. Shri Ashish Srivastava). Counsel for the petitioner says that Shri Ashish Srivastava is son of the petitioner but no notice was given to the petitioner whereas the owner of the premises is the petitioner. The Lucknow Development Authority Counsel however, says that the petitioner had responded to the notice dated 30.11.2023 and invites our attention to page 52 which is dated 16.05.2024.
3. Be that as it may, as there is remedy of appeal though the period prescribed for preferring it has expired but as there is power to condone the same, we permit the petitioner to file an appeal against the order dated 13.11.2024 copy of which has been provided to the petitioner, within 15 days' and if such an appeal is filed and also considering that the delay is not inordinate, the same would be condoned and the appeal be heard and decided on merits at the earliest say within a period of three months for a period of three months or till the appeal is decided under Section 27 (2) of the Uttar Pradesh Urban Planning and Development Act, 1973. The order dated 13.11.2024 and the notice impugned herein for demolition shall not be given effect for a period of three months or till the appeal is decided and shall abide by the final orders to be passed in the appeal.
4. The writ petition is disposed of. [Om Prakash Shukla, J.] [Rajan Roy, J.] Order Date :- 5.2.2025 -Piyush- Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench