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2025 DAILYLAW 134059 (ALL)

ALOK KANT SAXENA v. STATE OF U.P. THRU. ITS SECY. DEPTT. OF HOUSING AND URBAN PLANNING LKO AND 3 OTHERS

WRIC/3568/2025 · 2025-07-01

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:36975-DB Court No. - 2 Case :- WRIT - C No. - 3568 of 2025 Petitioner :- Alok Kant Saxena Respondent :- State Of U.P. Thru. Its Secy. Deptt. Of Housing And Urban Planning Lko And 3 Others Counsel for Petitioner :- Shishir Pradhan Counsel for Respondent :- C.S.C.,Ratnesh Chandra,Ravish Ji Nigam Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Heard. After hearing the parties what comes out is that proceedings under Section 27 of the Urban Planning and Development Act, 1973 (hereinafter referred to as 'the Act, 1973') have been initiated against the petitioner, show cause notice issued therein is annexed as Annexure No. 2 to the writ petition. These proceedings are for undertaking construction in violation of the sanctioned plan, and as, despite of notice, the petitioner was not stopping the construction, therefore, the premises have been sealed. It is also informed that proceedings under Section 16 read with Section 26 of the said Act, 1973 for using the plot of land for purposes other than for which it is earmarked have also been initiated. In that case compounding has taken place, as the petitioner had stopped commercial activities. It is further stated that the order of ceiling has been passed on 20.01.2023 under Section 28(A)(1) of the Act, 1973 which has not been challenged. A copy of the said order has been provided to the petitioner. In Paragraph 7 of the writ petition also seizure of the property is mentioned as having taken place on 27.03.2023. We fail to understand as to why the petitioner has approached this Court in 2025 when the order of ceiling had been passed on 20.01.2023 against which there is a remedy of appeal, therefore, we decline to interfere in the matter any further leaving it open for the petitioner to pursue other remedies. The order of ceiling referred above is taken on record. Subject to above, the writ petition is dismissed. Order Date :- 1.7.2025/Lokesh Kumar [Om Prakash Shukla, J.] [Rajan Roy, J.] Digitally signed by :- LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench