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2025 DAILYLAW 141072 (ALL)

SUNIL KUMAR TRIPATHI v. STATE OF U.P. THRU. PRIN. SECY. HOUSING AND URBAN PLANNING LUCKNOW AND 5 OTHERS

WRIC/4807/2025 · 2025-05-21

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:30032 Court No. - 6 Case :- WRIT - C No. - 4807 of 2025 Petitioner :- Sunil Kumar Tripathi Respondent :- State Of U.P. Thru. Prin. Secy. Housing And Urban Planning Lucknow And 5 Others Counsel for Petitioner :- Shailesh Kumar Pathak Counsel for Respondent :- C.S.C.,Ratnesh Chandra Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the petitioner and Shri Ratnesh Chandra, learned counsel for the respondent nos.2, 3 & 4. 2. Present petition has been filed by the petitioner by making a mention that there is an imminent threat of demolition. 3. Present petition has been filed challenging the order dated 21.01.2025 whereby the appeal preferred by the petitioner under Section 27(2) of the U.P. Urban Planning and Development Act, 1973 was dismissed. 4. Learned counsel for the respondent states that against the said order, a revision is maintainable under Section 41(3) of the said Act. 5. Upholding the said objection, present petition is disposed of permitting the petitioner to file a revision under Section 41(3) of the Act within two weeks from today. The petitioner would also be at liberty to move an interim application in the said revision. 6. The revisional authority shall dispose of the interim application within a period of three weeks of the same being filed. 7. Till the disposal of the interim application, no action of demolition shall take place in pursuance to the order dated 21.01.2025. 8. It is made clear that in case the revision and the interim application is not filed within a period of two weeks from today, the benefit of this order shall come to an end. Order Date :- 21.5.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench