MOHD.UMAR YOUNUS v. STATE OF U.P. THRU. ADDL. CHIEF SECY./PRIN.SECY.DEPTT. HOUSING AND URBAN PLANNING LKO AND 7 OTHERS
WRIC/4091/2025 · 2025-04-29
Om Prakash Shukla, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 137184 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 137184 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:24572-DB Court No. - 2 Case :- WRIT - C No. - 4091 of 2025 Petitioner :- Mohd.Umar Younus Respondent :- State Of U.P. Thru. Addl. Chief Secy./Prin.Secy.Deptt. Housing And Urban Planning Lko And 7 Others Counsel for Petitioner :- Paavan Awasthi,Utkarsh Srivastava Counsel for Respondent :- C.S.C.,Ratnesh Chandra Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J.
1. Vakalatnama filed by Shri Rajnish Kumar Singh, learned counsel for opposite party nos.2 to 6 is taken on record.
2. Heard.
3. The petitioner had raised a complaint with opposite party no.7 regarding illegal constructions raised by opposite party no.8. The opposite party no.7 in turn complained/ informed about the same to the prescribed authority, who proceeded under Section 27 of the Uttar Pradesh Urban Planning and Development Act, 1973, which resulted in passing of order dated 16.08.2024, which is a final order under Section 27 of the Uttar Pradesh Urban Planning and Development Act, 1973, as claimed by the petitioner. The grievance of the petitioner is that till date the order dated 16.08.2024 has yet not been implemented and opposite party no.8 continues to raise illegal constructions. It is also informed that the order dated 16.08.2024 has not been appealed by opposite party no.8 under Section 27(2) of the Uttar Pradesh Urban Planning and Development Act, 1973.
4. Let the opposite party no.4- Prescribed Authority, Lucknow
Development Authority, Lucknow look into the matter, verify the facts and do the needful as per law, and if there is no legal impediment and there is no appeal pending against the order of demolition dated 16.08.2024 at the behest of the petitioners by opposite party no.8 nor any proceedings before this Court in this regard then he shall take steps as required under law, especially as it is stated that on 17.08.2024 a notice was issued to the opposite party no.8 in this regard. However, we make it clear that this order is without prejudice to rights, if any, of opposite party nos.7 and 8.
5. With the aforesaid, the writ petition is disposed of. (Om Prakash Shukla, J.)(Rajan Roy, J.) Order Date :- 29.4.2025 Arnima Digitally signed by :- ARNIMA SINGH High Court of Judicature at Allahabad, Lucknow Bench