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2025 DAILYLAW 24451 (ALL)

YOGENDRA SINGH AND 4 OTHERS v. STATE OF U.P. AND 4 OTHERS

WRIC/6661/2025 · 2025-03-05

Anish Kumar Gupta, Manoj Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:32201-DB Court No. - 21 Case :- WRIT - C No. - 6661 of 2025 Petitioner :- Yogendra Singh And 4 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Perdeep Kumar Vishnoi,Santosh Kumar Shukla Counsel for Respondent :- Abhinava Krishna Srivastava,C.S.C.,Krishna Mohan Asthana Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. Heard Sri S.K. Shukla, learned counsel for the petitioners and Sri Abhinav Krishna Srivastava for respondents no. 3 and 4. 2. The instant petition has been filed praying for a writ of mandamus restraining the respondents Authorities from demolishing the house of the petitioners situated over Khasra No. 46 measuring 0.1240 hectares Village Chak Faizullapur, Tehsil Moradabad, District Moradabad till the disposal of Appeal No. 314 of 2025 preferred by the petitioners before respondent no. 2 under Section 28-A(4) of the U.P. Urban Planning and Development Act, 1973 and to take final decision on the application of the petitioners for sanction of map. 3. The record reveals that the proceedings under Section 27 of the U.P. Urban Planning and Development Act, 1973 were initiated against the petitioners on basis of an inspection made at their premises and in which it transpired that the petitioners were raising constructions without any sanctioned plan. Consequently, on 23.08.2023 a sealing order was passed under Section 28-A of the Act. It is evident from a communication between Moradabad Development Authority, Moradabad and police authorities that the illegal constructions were also sealed. The case of the petitioners is that so far the proceedings under Section 27 have not been concluded. The appeal of the petitioners filed against the sealing order is already pending. 4. Learned counsel for the petitioners submits that the Appellate Authority be directed to decide the appeal expeditiously and during its pendency the operation of the sealing order be stayed. 5. The appeal, it seems, was filed recently on 07.02.2025 along with delay condonation application. As noted above, the sealing order had already been implemented by sealing the offending constructions. As such, we are of the considered opinion that no direction is required to be issued by this Court at this stage. We leave it open to the petitioners to pursue the pending appeal and the application for interim relief filed therein. 6. The petition stands disposed of. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 6.3.2025 gp Digitally signed by :- GANESH PRAKASH High Court of Judicature at Allahabad