Neutral Citation No. - 2025:AHC-LKO:14769-DB Court No. - 2 Case :- WRIT - C No. - 2383 of 2025 Petitioner :- Aniket Gupta And Another Respondent :- State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Deptt. Of Housing And Urban Planning Lko And Ors. Counsel for Petitioner :- Abhinav Singh,Devansh Vikram Singh,Gaurav Mehrotra,Harsh Vardhan Mehrotra Counsel for Respondent :- C.S.C.,Ratnesh Chandra Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Sri Shailendra Singh Chauhan, Advocate has filed his power on behalf of the opposite party Nos.2 to 4 today in the Court, which is taken on record. Heard Sri Gaurav Mehrotra, learned counsel for the petitioners, Sri Shailendra Singh Chauhan, learned counsel for the opposite party Nos.2 to 4 and Sri Shailesh Tiwari, learned counsel for the State. Although there is a remedy of appeal under Section 27(2) of the Uttar Pradesh Urban Planning & Development Act, 1973 but considering the assertion of the petitioners that no notice was given to them or any other flat owner of the flats built by the opposite party No.5, which are 209 in number, and also the assertion that earlier the builder i.e. opposite party No.5 was given a notice under Section 27 of the Uttar Pradesh Urban Planning & Development Act, 1973 in the year 2015 and the proceedings were dropped and thereafter again a notice was given in the year 2017 but again the proceedings were dropped with observation that if any construction made beyond the map sanctioned by the Zila Panchayat, in regard to it, compounding proceedings would be initiated and even thereafter a third notice was issued to the opposite party No.5 under Section 27 of the Uttar Pradesh Urban Planning & Development Act, 1973, which has culminated in the impugned order of demolition dated 16.01.2025 and the petitioners have purchased the flats in question in the year 2023, we are of the opinion that the matter requires consideration. However, at this stage Sri Shailendra Singh Chauhan, learned counsel for the opposite party Nos.2 to 4 submits that the Writ Petition may be disposed of with a direction that the impugned order shall not be given affect against the petitioners as no notice has been given to them and fresh proceedings shall be drawn against them with due notice to them and after considering their response, if any, the final order shall be passed as per law. Only in view of this statement of Sri Shailendra Singh Chauhan, learned counsel for the opposite party Nos.2 to 4, we dispose of this Writ Petition in terms of the statement made by him i.e. the impugned order shall not be given effect so far as the petitioners are concerned and fresh proceedings, if necessary, shall be drawn against them as per law under Section 27 of the Uttar Pradesh Urban Planning & Development Act, 1973. It is open for the petitioners to raise the plea of maintainability of such fresh proceedings under Section 27 of the Uttar Pradesh Urban Planning & Development Act, 1973 and our order shall not come in the way, if they want to avail such remedy. (Om Prakash Shukla,J.) (Rajan Roy) Order Date :- 11.3.2025 Saurabh Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench