SMT. ARCHANA SINGH AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF URBAN DEVELOPMENT LKO AND 4 OTHERS
WRIC/4200/2025 · 2025-05-02
Om Prakash Shukla, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 137233 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 137233 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:25342-DB Court No. - 2 Case :- WRIT - C No. - 4200 of 2025 Petitioner :- Smt. Archana Singh And Another Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Urban Development Lko And 4 Others Counsel for Petitioner :- Dinesh Chandra Tewari Counsel for Respondent :- C.S.C.,Ratnesh Chandra Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Heard. The petitioners are tenants of the premises which have been sealed in exercise of power under Section 28(a)(1) of the U.P. Urban Planning and Development Act, 1973 and they have challenged the said order. The counsel for L.D.A. says that there is an alternative remedy under sub Section 4 of Section 28A of the Act. Apart from the aforesaid, on being asked, he informed that the notice was given under Sections 27 and 28 of the Act to the owner of the premises, who is herein as opposite party no. 5, there is no requirement in law to give such notice to the tenant. The petitioners being the tenants can raise grievance against the owner i.e., opposite party no. 5. At this stage, the counsel for the petitioners says that he may be permitted to remove his items which are lying in the shop, which are in the form of medicines etc. The counsel for L.D.A. has no objection. If the petitioners approach the concerned authority of L.D.A, they shall permit the petitioners if they are the tenants and were in possession of the shop after getting this fact verified from the owner, to take out his belongings from the said shop and then seal it again and proceed against the owner. With the aforesaid observations/directions, the writ petition is
disposed of.
Order Date :- 2.5.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench