ROHTAS PRESIDENTIAL TOWERS RESIDENT WELFARE ASSOCIATION THRU. PRESIDENT SHRI DEEP KUMAR RAINA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. SECY. DEPTT. OF HOUSING AND URBAN PLANNING LKO. AND 4 OTHERS
WRIC/10939/2025 · 2025-11-21
Manjive Shukla, Shekhar B Saraf
body2025
DailyLaw.ai
[ 2025 DAILYLAW 199237 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 199237 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10939 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J.
HON'BLE MANJIVE SHUKLA, J.
1. Heard learned counsel appearing on behalf of the parties. 2. This is a writ petition under Article 226 of the Constitution of India, wherein the writ petitioner has sought for the following substantial reliefs:-
"(i) To issue a writ, order or direction in the nature of mandamus commanding the Respondents to expeditiously decide the application dated 15.09.2025 preferred by the petitioner association under Section 15(9) of the Uttar Pradesh Planning and Development Act, 1973, seeking cancellation of the impugned sanction order dated 03.05.2025 and impugned sanction/permit letter dated 11.07.2025 issued by the Respondent No.2, in a time bound manner, copy whereof is annexed as Annexure-1 to this writ petition; or alternatively (ii) Issue a writ, order or direction in the nature of certiorari quashing the impugned sanction order dated 03.05.2025, after summoning the original copy of the same from the Respondent No.2, and impugned sanction/permit letter dated 11.07.2025 issued by the Respondent No.2. Versus Counsel for Petitioner(s) : Madhur Jhavar, Harsh Vardhan Mehrotra, Mohd. Kausar Jah Counsel for Respondent(s) : C.S.C., Ratnesh Chandra Rohtas Presidential Towers Resident Welfare Association Thru. President Shri Deep Kumar Raina .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Secy. Deptt. Of Housing And Urban Planning Lko. And 4 Others .....Respondent(s)
(iii) Issue a writ, order or direction in the nature of mandamus commanding the Respondents to not to act upon the impugned sanction order dated 03.05.2025 and impugned sanction/permit letter dated 11.07.2025 issued by the Respondent No.2"
3. The prayer of learned counsel appearing on behalf of the petitioner is innocuous prayer with regard to expeditious disposal of the application dated 15.09.2025 preferred by the petitioner under Section 15 (9) of Uttar Pradesh Urban Planning and Development Act, 1973. 4. Dr. L.P. Mishra, learned counsel appearing on behalf of respondent no.5 submits that the sanction has been provided to him by the Lucknow Development Authority on a due and proper application being made by him. He, accordingly, submits that he may be allowed to make objections with regard to the application made by the petitioner before the Lucknow Development Authority. He further prays that personal hearing should be granted to him also before the Lucknow Development Authority before passing of any order therein. 5.
Upon considering the prayers made by the petitioner and the objections raised by learned counsel appearing on behalf of respondent no.5, we are of the view that this petition may be disposed of with the direction upon the Lucknow Development Authority to expeditiously hear the application of the petitioner dated 15.09.2025 under Section 15 (9) of Uttar Pradesh Urban Planning and Development Act, 1973, within a period of six weeks from date after granting an opportunity of hearing to the petitioner and the respondent no.5. 6. With the above direction, the writ petition is disposed of. November 21, 2025 Renu/- WRIC No. 10939 of 2025 2 (Manjive Shukla,J.) (Shekhar B. Saraf,J.) Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench