Neutral Citation No. - 2025:AHC:40143-DB Court No. - 21 Case :- WRIT - C No. - 8075 of 2025 Petitioner :- Krishna Bihari Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajesh Dwivedi,Vijai Kumar Mishra Counsel for Respondent :- Pradyuman Vashishth,C.S.C.,Somya Chaturvedi,Sonali Maurya Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The instant petition has been filed praying for a direction to respondent no. 4 to demolish illegal constructions allegedly made by certain private persons over State land No. 54M, area 0.046 hectare. 2. The case of the petitioner is that the said land is situated near his house and it was being used by him and other persons as a pathway. It was illegally occupied by one Bhola Yadav by constructing boundary wall. The petitioner relies on a communication dated 14.2.2025 by City Magistrate, Prayagraj, addressed to Secretary, Prayagraj Development Authority, Prayagraj, wherein it is stated that the said land is Non-Z.A. land and is of Class 14(1) : Parti Kadim. The same has vested in the State. Two biswa of the said land is in illegal possession of Bhola Yadav and others. Accordingly, recommendation has been made to proceed against the aforesaid persons under the provisions of U.P. Urban Planning and Development Act, 1973. 3. Along with the writ petition, no order has been filed to indicate that the Development Authority has initiated any proceeding against the illegal occupants, or has passed any demolition order. The recommendation made by the City Magistrate is for initiating action against the illegal occupants under the provisions of U.P. Urban Planning and Development Act, 1973 and in our opinion, in the absence of any order under the said Act, no direction can be issued in exercise of writ jurisdiction to straightaway carry out demolition. 4. Sri Pradyuman Vashishth, learned counsel for Prayagraj Development Authority, Prayagraj, states that power under Section 26A(4) has been delegated in favour of the concerned Sub Divisional Magistrate vide order dated 10.5.2018. 5. Having regard to the same, we dispose of the instant petition by providing that Prayagraj Development Authority, Prayagraj or its delegatee, shall proceed in the matter expeditiously, strictly in accordance with law. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 20.3.2025 Jaideep/- Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad