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2025 DAILYLAW 23391 (ALL)

MANISH PRABHASHANKAR SELAT v. STATE OF UTTAR PRADESH AND 4 OTHERS

WRIC/7772/2025 · 2025-03-17

Anish Kumar Gupta, Manoj Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:38450-DB HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No.26) Court No. - 21 Case :- WRIT - C No. - 7772 of 2025 Petitioner :- Manish Prabhashankar Selat Respondent :- State Of Uttar Pradesh And 4 Others Counsel for Petitioner :- Pratik J. Nagar Counsel for Respondent :- C.S.C.,Ravi Prakash Pandey Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The petitioner has assailed a show cause notice dated 11.12.2024 issued to him under the provisions of the Uttar Pradesh Urban Planning and Development Act, 1973 in respect of certain constructions allegedly made without sanction of any building plan. 2. The case of the petitioner is that the petitioner has submitted reply on 16.12.2024 and in which the petitioner has taken specific stand that building in respect of which notice has been issued is not situated within the limits of the development area. However, without taking any decision the respondents are threatening to demolish the constructions. 3. Sri Ravi Prakash Pandey, learned counsel for the respondents no. 3, 4 and 5 states that the State Government has issued a notification on 28.06.2024, extending the limits of the development area of Varanasi Development Authority and as a result whereof, the offending constructions fall within the development area. He further submits that the Authority will take decision in the matter expeditiously. 4. At this stage, we are not inclined to express any opinion in relation to the plea that the offending constructions exist over land which is outside the limits of the development area as in our opinion the said issue requires decision by the Competent Authority in the first instance. 5. Accordingly, we dispose of the instant petition by providing that the respondent Development Authority shall take decision on the objection of the petitioner dated 16.12.2024 within six weeks and until the objection is decided no coercive action shall be taken in pursuance of the impugned notice. Order Date :- 18.3.2025 Shubham Arya (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad