HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 39578 of 2025 Court No. - 76 HON'BLE VIKRAM D. CHAUHAN, J. 1. Heard learned counsel for the applicant, Sri Ravi Prakash Pandey, learned counsel for the opposite party no.2 and learned AGA for the State-respondent. 2. This application has been filed by applicant for quashing the summoning order dated 28.7.2025 as well as entire proceedings of Complaint Case No.33915 of 2015, Varanasi Development Authority, Varanasi Vs. Kashi Chaurasiya, under Sections 26(1), 28(4) of U.P. Planning and Development Act, 1973, Police Station Rohaniya, District Varanasi pending in the court of Chief Judicial Magistrate, Varanasi. 3. It is submitted by learned counsel for the applicant that the complaint was filed by the Varanasi Development Authority under Sections 26(1), 28(4) of U.P. Planning and Development Act, 1973 against the applicant. He submits that perusal of the summoning order dated 28.7.2025 would go to show that the summoning order does not record the reasons for summoning the applicant nor the section against the applicant has been summoned is disclosed. The summoning order is mechanical and without application of mind. 4. Learned counsel for the Development Authority as well as learned A.G.A. submit that the matter may be remanded back to the court concerned for passing a fresh order. Versus Counsel for Applicant(s) : Ashish Kumar Chaurasiya, Devesh Kumar Shukla Counsel for Opposite Party(s) : G.A. Kashi Chaurasiya .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 5. Learned counsel for the applicant has no objection. 6. In view of the statement made by learned counsel for the parties, the order dated 28.7.2025 is hereby set aside. The present application is allowed and the matter is remanded back to the court concerned for passing a fresh decision. October 17, 2025 Bhaskar NA528 No. 39578 of 2025 2 (Vikram D. Chauhan,J.) Digitally signed by :- BHASKAR High Court of Judicature at Allahabad