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2025 DAILYLAW 32092 (ALL)

SHRI KARMAVEER SINGH v. STATE OF U.P. AND 3 OTHERS

WRIC/8280/2025 · 2025-03-20

Anish Kumar Gupta, Manoj Kumar Gupta

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:41662-DB Court No. - 21 Case :- WRIT - C No. - 8280 of 2025 Petitioner :- Shri Karmaveer Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ramesh Chandra Yadav Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. Shri Santosh Kumar Singh, Advocate has accepted notice on behalf of respondents No. 2, 3 & 4. 2. Heard learned counsel for the parties. 3. The petitioner is aggrieved by an order dated 05.03.2025 passed by Competent Authority, Hapur-Pilkhuwa Development Authority, Hapur directing stoppage of inconsistent activity i.e. running of shops /Barat Ghar within fifteen days, failing which, the premises would be sealed. 4. Undoubtedly, an appeal lies against the said order as provided under Section 28-A(4) of U.P. Urban Planning and Development Act, 1973. 5. Shri R.C. Yadav, learned counsel for the petitioner submits that the petitioner would file appeal within ten days and for ten days only, the interest of the petitioner be protected. 6. Having regard to the case of the petitioner that the impugned order has been passed without proper notice to the petitioner and the compounding application has also been rejected and which order has also to be challenged, we permit the petitioner to file appeal against the impugned order as provided under Section 28- A(4). It is further provided that for a period of ten days, the impugned order will not be given effect to. However, in case any stay application is filed in appeal, the same shall be decided by the Appellate Authority without being influenced by the protection granted to the petitioner for a limited period to avail the remedy of appeal. 7. The petition stands disposed of. Order Date :- 21.3.2025 Mukesh Kr. (Anish Kumar Gupta,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- MUKESH KUMAR High Court of Judicature at Allahabad