HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 35904 of 2025 Court No. - 29 HON'BLE MAHESH CHANDRA TRIPATHI, J. HON'BLE KUNAL RAVI SINGH, J. 1. Heard Shri Namit Srivastava, leaned counsel for the petitioner, Shri Ambrish Shukla, learned Additional Chief Standing Counsel for State respondents and Shri Tejasvi Mishra, learned counsel for the respondent nos. 2 and 3. 2. The instant writ petition is preferred under Article 226 of Constitution of India seeking following reliefs:- "i. Issue a writ, order or direction in the nature of mandamus directing the Ghaziabad Development Authority, Ghaziabad to remove the seal on the petitioner's Model Shop situated at Khasra No.1262 Noor Nagar, Ghaziabad. ii. Issue a writ, order or direction in the nature of mandamus directing the Ghaziabad Development Authority not to interfere in the running of the petitioner's model shop situated at Khasra No.1262 Noor Nagar Ghaziabad. iii. Issue any other suitable writ, order or direction as this Court may deem fit and proper in the facts and circumstances of the case. iv. Award the cost of the petition to the petitioner." 3. Learned counsel for the petitioner submits that the petitioner is licensee of retail sale of foreign liquor and the Excise Department has duly accorded the license FL-4A for the retail sale of foreign liquor for the excise year 2026 qua the shop at Raj Nagar Extension. He submits that the petitioner has deposited the license fee of Rs.1,99,10,000/- for the composite model shop Versus Counsel for Petitioner(s) : Namit Srivastava, Shishir Tandon Counsel for Respondent(s) : C.S.C., Tejasvi Misra Jai Prakash Ram .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) and invested more than Rs.2 crores. He was running the shop in question without any complaint but in most arbitrary manner, the Secretary, Ghaziabad Development Authority (GDA), Ghaziabad (the respondent no.3) has proceeded to seal the shop in question on 03.10.2025, without passing any order. Such situation has impelled the petitioner to invoke the writ jurisdiction. In support of his submission, he has placed reliance on the communication dated 05/06.10.2025 made by the District Excise Officer to the Vice Chairman, GDA, which is appended as Annexure No.4 to the writ petition, wherein he has requested the Vice Chairman, GDA for opening the shop in question. He submits that the alleged sealing order is unsustainable and the same is hit by principles of natural justice. 4. Per contra, Shri Tejasvi Mishra, learned counsel for the GDA has vehemently opposed the writ petition and submitted that the shop in question is situated in green belt area and definitely the GDA is taking recourse under the U.P. Urban Planning and Development Act, 1973 and the Bye-laws framed by the GDA. He submits that in case, the activity, which is being carried out by the petitioner, is contrary to the Zonal Plan, definitely the notice shall be served on the petitioner. 5. We find that the alleged claim, as has been set up by the GDA that the petitioner is running the shop in question in green belt, is unsustainable as the Master Plan is effective w.e.f. 30.09.2025, whereas the license has been accorded to the petitioner on 07.03.2025. 6. Considering the factual situation, the instant writ petition is disposed of finally, with direction to the respondent no.3 to issue a notice to the petitioner within three days' time from today and the petitioner is accorded one week's time thereafter to file objection to the said notice and the proceeding shall be finalized after affording opportunity of hearing to the petitioner in next two weeks. October 15, 2025 RKP WRIC No. 35904 of 2025 2 (Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- RAKESH KUMAR PATEL High Court of Judicature at Allahabad