Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 149121 (ALL)

RAM GULAM YADAV v. DISTRICT MAGISTRATE LUCKNOW AND ANOTHER

WRIC/6239/2025 · 2025-07-01

Pankaj Bhatia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:37002 Court No. - 7 Case :- WRIT - C No. - 6239 of 2025 Petitioner :- Ram Gulam Yadav Respondent :- District Magistrate Lucknow And Another Counsel for Petitioner :- Dinesh Kumar Mishra Counsel for Respondent :- C.S.C.,Ratnesh Chandra Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the petitioner, Sri Manav Rathore, Advocate holding brief of Sri Ratnesh Chandra, learned counsel for the respondent no. 2-Lucknow Development Authority, learned Standing Counsel for the State respondent and perused the record. 2. The present petition has been filed by the petitioner challenging an order of demolition dated 03.06.2025. 3. The counsel for the respondent, very ably assisted and stated that an appeal is prescribed against the order of demolition under the Uttar Pradesh Urban Planning and Development Act, 1973. 4. Upholding the said objection, the present petition is disposed of permitting the petitioner to challenge the order impugned dated 03.06.2025 by filing an appropriate appeal before the appellate authority within a period of four weeks from today. Along with the appeal, the petitioner would be entitled to move an application for grant of interim relief in view of the law as laid down in the case of M.K. Mohammed Kunhi Versus Income Tax Officer, Cannanore and Anr; 1965 SCC OnLine Ker 105. By means of the present order, further directions are issued to the appellate authority to decide the interim application filed along with the appeal within a period of three weeks from the date of filing. In case, such an application is filed, the same shall be decided within three weeks and till then, no demolition shall be carried out by the respondent authority. It is made clear that in case, the appeal is not filed within a period of four weeks from today, this order shall automatically come to an end. Order Date :- 1.7.2025 Arun Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench