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2025 DAILYLAW 19328 (ALL)

SMT. SONALI KUMARI v. STATE OF U.P. AND 2 OTHERS

WRIC/4675/2025 · 2025-02-17

Anish Kumar Gupta, Manoj Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:23551-DB IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No.97) Court No. - 21 Case :- WRIT - C No. - 4675 of 2025 Petitioner :- Smt. Sonali Kumari Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Kumar Jaiswal Counsel for Respondent :- C.S.C.,Kaushalendra Nath Singh Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The following prayers have been made in the instant petition: "I. Issue a writ order or direction in the nature of mandamus directing the respondents neither demolish nor dispossess the petitioner from the abadi situated in Village Ashdullapur, Pargana Dadri, Tehsil and District Gautam Budha Nagar, Khata No. 168 Khasra No. 82 area 167.22 square meter which is out of Nagar Nigam limit. II. Issue a writ order or direction in the nature of mandamus directing the respondents not to harass the petitioner in her peaceful living over the abadi of Khata No. 168 Khasra No. 82 area 167.22 square meter situated at Village Ashdullapur, Pargana Dadri, Tehsil and District Gautam Budha Nagar." 2. The petitioner alleges that she is under threat of her constructions being demolished by the respondent-Development Authority without there being any order in this behalf. 3. Sri Kaushalendra Nath Singh, learned counsel for the respondent-Development Authority submits that the Development Authority will not proceed against the petitioner unless the petitioner is given due notice and the Authority passes an order for demolition. 4. Having regard to the said stand, we dispose of the instant petition in same terms. Accordingly, it is hereby provided that the respondent-Development Authority will not demolish the constructions of the petitioners except in accordance with law. Order Date :- 18.2.2025 Ashish Pd. (Anish Kumar Gupta,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad