Neutral Citation No. - 2025:AHC:30855-DB HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No. 40) Court No. - 21 Case :- WRIT - C No. - 3154 of 2025 Petitioner :- Smt Om Devi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Chandra Bhan Gupta,Mohd. Aqueel Khan Counsel for Respondent :- Anand Prakash Paul,C.S.C.,Pradeep Kumar Tripathi Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. Heard Sri Chandra Bhan Gupta, learned counsel for the petitioner, Sri Rajiv Gupta, learned Additional Chief Standing Counsel for the State respondents and Sri Pradeep Kumar Tripathi, learned counsel for the respondent-Kanpur Development Authority. 2. The prayer made in the instant petition is as follows:- "i) issue a writ, order or direction in the nature of mandamus, directing the respondents not to demolish and interfere in the peaceful possession of the petitioner in the property number 107 i.e. 130/L-1/1-A, Bagahee, Kanpur Nagar without due process of law." 3. The affidavit in support of the writ petition was sworn on 19.1.2025 and it has been brought to our notice that on 20.1.2025 a show cause notice was issued to the petitioner by the respondent- Development Authority asking her to show cause as to why appropriate action should not be taken against her under Section 26A(4) of the U.P. Urban Planning and Development Act, 1973 for raising construction over public land. 4. The petitioner has filed an application to amend the writ petition in order to challenge the show cause notice issued to her. The submission of learned counsel for the petitioner is that the show cause notice is wholly illegal as a decree passed by civil court in favour of the petitioner long back in the year 1972 has not been noticed. 5. Since admittedly show cause notice has been issued and the petitioner has been given time to file reply, therefore, we leave it open to the petitioner to submit his reply within four weeks, in which event the same will be decided by the respondent- Development Authority in accordance with law. 6. The petition as well as the amendment application stands disposed of. 7. The respondents are directed not to undertake any demolition till the proceedings are concluded. Order Date :- 4.3.2025 Kirti (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad