DIGVIJAY SINGH AND ANOTHER v. STATE OF U.P. AND 2 OTHERS
WRIC/34522/2025 · 2025-10-12
Original Suitbody2025
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[ 2025 DAILYLAW 192762 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 192762 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 34522 of 2025 Court No. - 29 HON'BLE MAHESH CHANDRA TRIPATHI, J.
HON'BLE KUNAL RAVI SINGH, J.
1. Heard Shri Rajesh Kumar Dubey, learned counsel for the petitioners; Shri Devesh Vikram, learned Addl. Chief Standing Counsel for State respondents and Shri S.B. Singh, learned counsel for Gorakhpur Development Authority (in short "Authority").
2. The instant writ petition has been preferred for following reliefs:-
"(i) issue an order or direction in the nature of mandamus directing the respondent no.2 to take action against the illegal construction being made by respondent no.3 on the basis of proposed alleged Map No.66/2025 affecting the plot no.352 of petitioner's Millenieum City against its approved lay out map no.2556/99. (ii) issue an order or direction in the nature of mandamus directing the respondent no.2 to decide the petitioner's representation/ objection dated 10.07.2025 made against the proposed alleged Map No.66/2025 of respondent no.3 affecting the plot no.352 of petitioner's Millenieum City against its approved lay out map no.2556/99."
3. Considering the factual situation, we find that the dispute is inter se between the private parties in which Original Suit No.4915 of 2017 (Digvijay Singh & Anr. v. Saneshi & Anr.) is also pending consideration. The disputed facts cannot be pressed under Art.226 of the Constitution of India. As such, we are not inclined to interfere in the matter. Needless to say, the Authority is at liberty to process the application of respondent no.3 moved under Section 14/15 of the U.P. Urban Planning and Development Act, 1973 (in short "Act, 1973") in accordance with law expeditiously. Versus Counsel for Petitioner(s) : Rajesh Kumar Dubey Counsel for Respondent(s) : C.S.C., Suresh Bahadur Singh Digvijay Singh And Another .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s)
4. The writ petition stands disposed of accordingly. October 13, 2025 SP/ WRIC No. 34522 of 2025 2 (Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- SURYA PRAKASH High Court of Judicature at Allahabad