HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9770 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard the learned counsel for the petitioner and the learned Standing Counsel who appears on behalf of the State-respondent nos.1 & 2 and Shri Rajnish Kumar Singh, Advocate who has filed his Power on behalf of the LDA which is taken on record. 2. This petition has been filed by the petitioner for the following prayers:- "i. Issue a Writ, order or direction in the nature of Certiorari to set aside an order dated 07.05.2025, issued by the Respondent no.4 whereby the Respondent no.4 gave 15 days ultimatum for demolition of his construction over the land Khasra No.26 Min. situated in Village Shahpur, Pargana and Tehsil and District Lucknow. ii. Issue a Writ, in the nature of Mandamus directing thereby the Respondent nos.2 and 4 not to interfere of the peaceful possession of the petitioner over his land situating in Khasra No.26 Min situated in Village Shahpur, Pargana and Tehsil and District Lucknow without providing opportunity of hearing and the action to be in accordance with law. iii. Issue any other writ, order or direction as is deemed fit and proper under the circumstances of the case. Versus Counsel for Petitioner(s) : Yogeshwar Sharan Srivastava, Umakant Yadav Counsel for Respondent(s) : C.S.C., Ratnesh Chandra Sarvjeet Yadav .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Urban Development U.P. Lko. And 3 Others .....Respondent(s) iv. Allow the writ petition with exemplary cost." 3. It is the case of the petitioner that the Plot No.26 Min admeasuring total area of 0.293 Hectare in Village Shahpur, Pargana and Tehsil and District Lucknow, is owned by the petitioner alongwith other co- sharers. They have divided the plot in question amongst themselves and the petitioner has taken electricity connection in the year 2014. He was not aware about the mandatory provisions of getting housing plan sanctioned by the Lucknow Development Authority as the area in question comes within the jurisdiction of the LDA. The disputed construction is not a cemented constructions, it is dilapidated in nature and is used to take care of domestic animals/ cattle kept by the petitioner. Suddenly, the petitioner has received notice dated 07.05.2025 which was pasted over the construction on 11.09.2025. On inquiry being made by the petitioner, he came to know that proceedings have been initiated under Section 27 by the Enforcement Cell and the Prescribed Authority had passed the impugned order. 4. The counsel appearing for the LDA has stated that the petitioner has statutory remedy of filing an Appeal against the order of the Prescribed Authority. 5. The counsel for the petitioner says that Appeal can be filed within a period of 30 days from the order impugned. The order impugned is dated 07.05.2025 and therefore, he has approached this Court. 6. It has come from the averments on oath in the writ petition that the petitioner came to know of such order only when it was pasted over his wall on 11.09.2025 and the Appeal can be filed within 30 days of date of knowledge of the order which according to the petitioner is ex- parte in nature as no service was made of any notice for him regarding pendency of case. 7. We dispose of this petition with a direction to the petitioner to file an Appeal within a week from today before the Appellate Authority. His application for interim relief and application for Condonation of delay shall be considered by the Appellate Authority on their merits WRIC No. 9770 of 2025 2 and then appropriate orders shall be passed thereon, in accordance with law. October 7, 2025 N.PAL WRIC No. 9770 of 2025 3 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench