HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9617 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondent no.1 and Shri Ratnesh Chandra, learned counsel for the Lucknow Development Authority-respondent nos. 2 to 4 and perused the record. 2. This writ petition has been filed by petitioners with following main prayers: "(I). issue a writ, order or direction in the nature of certiorari to quash the impugned order dated 10.09.2025 passed by opposite party no.3 in Case No. 779 of 2025 (Computerized Case No.LDA/ANI/2025/0004855 (Lucknow Development Authority vs. Ramapati Sharma and others) annexed as Annexure 7 with this writ petition ; (ii). issue a writ, order or direction in the nature of mandamus directing the opposite parties nos. 2 to 4 to not interfere in the peaceful possession of the petitioner." 3. It is the case of the petitioner that the petitioner had bought one residential plot ad-measuring 197.17 sq.mts i.e. approx. 2100 sq.ft from Swami Ramapati Sharma, who approached him in the year 2011 and offered a plot out of Khasra No.340, Village Rasoolpur Sadat, Pargana Mahona, Tehsil Bakshi Ka Talab, District Lucknow. A copy of the sale-deed dated 22.2.2011 has been filed as Annexure no.1 to the writ petition. The petitioner thereafter constructed his house over the said plot and is residing there since 2012. 4. On 11.09.2025, some Officers of the Lucknow Development Authority pasted a notice on the electricity pole outside the house of the petitioner interalia stating that the construction be removed upon Khasra No.340. The said notice also mentioned about Case No.779 of 2025, (Computerised Case No.LDA/ANI/2025/0004855 Lucknow Development Authority vs. Ramapati Versus Counsel for Petitioner(s) : Aseem Goswami, Azhar Ikram, Manish Singh Counsel for Respondent(s) : C.S.C., Ratnesh Chandra Girish Kumar .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Housing And Urban Planning Sectt. Lko. And 3 Others .....Respondent(s) Sharma and others). After that the petitioner inspected the file of the case and came to know that the proceedings were based upon an ex-parte report dated 21.08.2025 and an ex-parte order passed on 10.09.2025. The petitioner was never issued any notice, he had no idea that such case was being pursued. No opportunity of hearing was given to the petitioner and the Lucknow Development Authority is adamant for demolishing the residential house of the petitioner constructed way back in the year 2012. 5. Shri Ratnesh Chandra, appearing for the LDA has pointed out that the petitioner has a statutory remedy of filing an appeal under Section 27 (2) of The U.P. Urban Planning and Development Act, 1973 before the Chairman and instead of filing an appeal, the petitioner has approached this Court. 6. We are of the considered opinion that it is the case of the petitioner that he has not been given any notice before such order dated 10.09.2025 has been passed although he has bought and constructed the house some times in 2012. It would therefore, be appropriate that the writ petition be disposed of with liberty to the petitioner to file an appeal before the Chairman, within a period of ten days' from today, along with an application for interim stay against the order dated 10.09.2025. If such an application is filed as aforesaid, the same shall be considered and decided on merits by the Chairman keeping in view of the law settled by the Hon'ble Supreme Court in Writ Petition (Civil) No. 295 of 2022 (Paragraph No.91) In Re: Directions in the matter of Demolition of Structures decided on 13.11.2024. 7. For a period of ten days' i.e. till 06.10.2025, the Lucknow Development Authority shall not carry out any demolition which is proposed tomorrow. 8. The writ petition is disposed of. September 25, 2025 Pks WRIC No. 9617 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench