BHARAT KUSHWAHA AND ANOTHER v. STATE OF U.P. AND 3 OTHERS
WRIC/34813/2025 · 2025-10-13
body2025
DailyLaw.ai
[ 2025 DAILYLAW 194363 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 194363 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 34813 of 2025
Court No. - 29
HON'BLE MAHESH CHANDRA TRIPATHI, J.
HON'BLE KUNAL RAVI SINGH, J.
1. Heard Sri Suresh Singh, learned counsel for the petitioners, Sri Narendra Pratap Singh, learned counsel for the Gorkahpur Development Authority, and Sri Devesh Vikram, learned Additional Chief Standing Counsel for the State-respondents. Perused the record.
2. The instant writ petition has been filed praying inter-alia for the following relief:
"I. Issue a writ, order or direction in the nature of mandamus directing/commanding the respondent no.2 & 3 to the opened the seal from the building 310, situated at Mohalla-Deevan Bazar, behind the D.A.V. Degree College, P.S. Kotwali, Tehsil-Sadar, District - Gorakhpur. II. Issue a writ, order or direction in the nature of mandamus directing/commanding the respondent no.2 & 3 to make the disposal of the mitigation map of the petitioners."
3. Learned counsel for the petitioners submits that the petitioners have already invoked the appellate forum and the matter is pending consideration before the Divisional Commissioner, Gorakhpur, in which, the next date fixed in the matter is 28.10.2025. Versus Counsel for Petitioner(s) : Ritesh Singh, Suresh Singh Counsel for Respondent(s) : C.S.C., Narendra Pratap Singh Bharat Kushwaha And Another .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
4. Considering the facts and circumstances of the case, this Court is of the view that no useful purpose would be served in keeping the writ petition pending. Accordingly, with the consent of the parties, the writ petition is disposed of with a direction to the Divisional Commissioner, Gorakhpur to consider and decide the application for interim relief filed by the petitioners against the sealing order under Section 28-Ka(1) of the U.P. Urban Planning and Development Act, 1973 in appeal no.2246 of 2025 on the date fixed in the matter and the appeal may also be decided expeditiously.
October 14, 2025 Priya
WRIC No. 34813 of 2025 2 (Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad