HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9799 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard the learned counsel for the petitioner and the learned Standing Counsel who appears on behalf of the State-respondent no.1 and Shri Umesh Kumar, Advocate who has filed his Power on behalf of the Opposite party nos.2 to 4, LDA. 2. This petition has been filed by the petitioner for the following prayers:- " (i) Issue a writ, order or direction in the nature of certiorari quashing show cause notice dated 23.11.2024 (annexed as Annexure no.1) and the proceeding arising out in pursuance thereof, against the petitioner, in the interest of justice and equity. (ii) Issue a writ, order or direction in the nature of Mandamus commanding the opposite parties to refrain from sealing or demolishing the construction of the petitioner on his lawfully owned land situated at Khasra No. 2, village- Pooranpur, Tehsil Mohanlalganj, District Lucknow, without following the due procedure of law, in the interest of justice. (iii) Issue a writ, order or direction in the nature of Mandamus directing the opposite parties not to take any coercive action including sealing or demolition against the petitioner's property without Versus Counsel for Petitioner(s) : Pradeep Tiwari, Kailash Nath Tewari Counsel for Respondent(s) : C.S.C., Ratnesh Chandra Purushottam Singh .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Urban Development Lko. And 3 Others .....Respondent(s) supplying any document to the petitioner in support of their contention and without affording adequate opportunity of hearing to the petitioner, in the interest of justice." 3. We have gone through the Show Cause Notice dated 23.11.2024 which has been issued with respect to Section 27 (1) of the Urban Planning and Development Act 1973, saying that the petitioner has raised certain construction which appears to be commercial in nature in an area of 250 Sq.meters in Khasra No.2 Zone No.2, Mohanlalganj, Maudari Lucknow, without taking proper sanction of building plan and in violation of Sections 14 and 15 of the Act of 1973. The Prescribed Authority in the Show Cause Notice had directed the petitioner to appear before it on 17.12.2024 at 03:00 O' clock to give his explanation. It has also been stated in the said notice that in case, the petitioner fails to appear and explain his case on the date fixed then penalty of upto Rs.50,000/- can be imposed on him. 4. It is the case of the petitioner that the land in question was duly recorded in the name of the father of the petitioner Late Amar Singh son of Ram Das and the petitioner had inherited the land alongwith his brother Uttam Singh and their names have been recorded in the Revenue Records in pursuance of order dated 24.06.2021. The land in question falls within Village Pooranpur, Tehsil Mohanlalganj, District Lucknow, and does not come within the Municipal limits or the development area of the LDA and has not been acquired by the LDA. The petitioner has submitted a reply on 17.12.2024 to the Show Cause Notice but such reply has not been considered. 5. The learned counsel appearing on behalf of the LDA on the basis of instructions signed by the Zonal Officer, the Assistant Engineer and the Junior Engineer of the LDA has stated that after issuance of Show Cause Notice and date fixed to show explanation including sanction of Map on the date fixed reasonable opportunity was given to the petitioner but he continued to raise construction and the first floor was unauthorizedly constructed and inspection was carried out. The entire construction was against the statutory provisions as no sanction had been given. An order under Section 28A(1) was passed WRIC No. 9799 of 2025 2 sealing the entire construction on 22.09.2025. In pursuance of such order dated 22.09.2025, the Enforcement Cell has sealed the entire property on 29.09.2025. The petitioner should have approach the Appellate Authority under Section 27(2) of the Act i.e. the Commissioner Lucknow Division against the order dated 22.09.2025, if he was aggrieved. 6. The petitioner it is evident has not filed the writ petition challenging the order dated 22.09.2025, he may not have derived any knowledge of such order but it is the case of the LDA that the order dated 22.09.2025 has been complied with on 29.09.2025, the Enforcement Cell has sealed the property and the petitioner may have knowledge of the sealing of his property. 7. The instructions are kept on record. 8. We find no good ground to show interference. 9. The writ petition is dismissed as not maintainable statutory remedy being available. October 7, 2025 N.PAL WRIC No. 9799 of 2025 3 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench