Neutral Citation No. - 2025:AHC-LKO:27974 Court No. - 12 Case :- APPLICATION U/S 482 No. - 3832 of 2025 Applicant :- Manish Kumar @ Manish Chandra Sarraf Thru. Real Brother Hari Mohan Lal Sarraf Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Dhirendra Kumar Mishra,Arun Kumar Mishra Counsel for Opposite Party :- G.A.,Ratnesh Chandra Hon'ble Alok Mathur,J. 1. Mr. Kumar Ayush, Advocate has filed Vakalatnama on behalf of opposite party no. 2-Lucknow Development Authority today in Court is taken on record. 2. Heard Mr. Dhirendra Kumar Mishra, learned counsel for applicant, learned A.G.A. for the State, Mr. Kumar Ayush, learned counsel for Lucknow Development Authority and perused the material available on record. 3. By means of the present application under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (482 Cr.P.C.) the applicant has challenged summoning order dated 01.07.2024 passed by learned Chief Judicial Magistrate, Lucknow in Complaint Case No. 70020 of 2024 (Lucknow Development Authority, Lucknow Vs. Manish Kumar), Police Station Aliganj, District Lucknow whereby the applicant has been summoned under Section 26 (2) of the U.P. Urban Planning & Development Act, 1973 (Amended Act No. 3 of 1997). 4. The controversy in the present case pertains to utilizing his residential premises House No. C-076 situated at Sector-N, Aliganj, Lucknow for commercial purposes, though the map was sanctioned for residential purposes. 5. It has been submitted by learned counsel for applicant that in this regard a notice was given to the applicant sometimes in 2019 to which the applicant did not respond and consequently, the said act being punishable under Section 16 of the U.P. Urban Planning & Development Act, 1973. A complaint was filed under Section 26 (2) of the U.P. Urban Planning & Development Act, 1973 to which the applicant has been summoned by means of order dated 01.07.2024. 6. It has been submitted by learned counsel for applicant that at the time when notice was issued A Calcutta Dinning Restaurant was opened in the said premises, which has been shutdown sometimes in March 2020. It has further been submitted that as per clause 2 of Section 26 of the U.P. Urban Planning & Development Act, 1973, the offence is compoundable on deposition of Rs.25,000/-. 7. Learned counsel for opposite parties does not dispute the aforesaid fact that the offence is compoundable on deposition of Rs.25,000/-. 8. In light of the above, the application under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (482 Cr.P.C.) is disposed of with liberty to the applicant to move an appropriate application before the trial court under Section 26 (2) of the U.P. Urban Planning & Development Act, 1973 and is it provided that in case such an application is moved within ten days from today, the trial court shall consider and dispose of the same within four weeks thereafter in accordance with law. 9. Till decision of said application, no coercive measure shall be taken against the applicant. 10. It is made clear that in case the said application is not filed within the time prescribed , the benefit of this order shall not be made available to the applicant. . (Alok Mathur, J.) Order Date :- 12.5.2025 Virendra Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench