Neutral Citation No. - 2025:AHC:82221-DB IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No.25) Court No. - 21 Case :- WRIT - C No. - 8409 of 2025 Petitioner :- Prashant Shekhar Pandey Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ritesh Upadhyay Counsel for Respondent :- C.S.C.,Ravi Prakash Pandey Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. By means of the instant petition, the petitioner has assailed the order dated 07.01.2025 passed by Competent Authority, Varanasi Development Authority, Varanasi and order dated 08.01.2025 passed by Zonal Officer, Varanasi Development Authority, Varanasi. By the first order dated 07.01.2025, the Competent Authority has directed for sealing of premises no. 53/41, Madhyameshwar Marg, Varanasi. The notice is grounded on a previous notice dated 01.10.2024 issued to the petitioner under Section 27 and 28 of U.P. Urban Planning and Development Act, 1973. 2. The notice dated 01.10.2024 recites that the petitioner was found carrying on business of manufacturing of bags in residential area and he could not show any sanctioned plan. In the sealing order, it is stated that the petitioner was found making illegal constructions. There is an endorsement at the foot of notice/sealing order dated 07.01.2025 that the petitioner was not found making any construction but he had been using commercial property for godown. It appears that for the said reason, the subsequent order dated 08.01.2025 under Section 28-A of U.P. Urban Planning and Development Act was issued stating that the premises was being used as godown / shop illegally. 3. Sri Ravi Prakash Pandey, learned counsel appearing for VDA was granted time on the last date to obtain instructions. He fairly concedes that there is inconsistency in the orders passed from time to time and seeks liberty to initiate fresh proceedings. 4. Accordingly, the impugned sealing orders dated 07.01.2025 and 08.01.2025 are hereby quashed. 5. The respondent Development Authority is at liberty to issue a proper notice to the petitioner specifying the reason for initiating proceedings under the provisions of the Act, so that the petitioner may be in a position to reply to the same in an effective manner. It shall thereafter be open to the Authority to take decision in the matter strictly in accordance with law. 6. The petition stands disposed of. 7. As sealing orders have been quashed, the Development Authority will forthwith remove the seal but it is further provided that the petitioner will not make any change in the premises or undertake any construction without valid permission. 8. Counsel for the petitioner fairly concedes that the appeal filed by the petitioner before the Commissioner has been rendered infructuous in view of the instant order and states that he would withdraw the same within a week. Order Date :- 17.5.2025 Ashish Pd. (Anish Kumar Gupta,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad