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2025 DAILYLAW 32547 (ALL)

RAHUL MISHRA AND ANOTHER v. STATE OF U.P. AND 5 OTHERS

WRIC/8685/2025 · 2025-04-07

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:51585 Court No. - 33 Case :- WRIT - C No. - 8685 of 2025 Petitioner :- Rahul Mishra And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Shubham Dwivedi,Tejasvi Misra Counsel for Respondent :- Avadhesh Narayan Dubey,C.S.C.,Vibhu Rai Hon'ble Prakash Padia,J. 1. The petitioners have preferred the present petition with the following prayers:- (I). Issue a writ, order or direction in the nature of mandamus directing the respondent authorities to consider and decide petitioners application seeking interim relief as well as Revision No.210/REV/2024 ( Rahul Mishra & Another Vs. Commissioner, Prayagraj Division, Prayagraj & Others) filed under Section 41(3) of the Uttar Pradesh Urban Planning and Development Act, 1973 as expeditiously as possible, as deemed fit and proper by this Hon'ble Court and till the decision on the Interim Application, the coercive measures and demolition proceedings in pursuance of order dated 28.9.2024 and 2.1.2023 passed by respondent no.2 and respondent no.3 may be stayed to meet the ends of justice. 2. The facts in brief as contained in the writ petition is that an order of demolition has been passed by respondent no.5, namely; Zonal Officer, Prayagraj Development Authority, Prayagraj against the petitioner on 2.1.2023. Aggrieved against the aforesaid order dated 2.1.2023, the petitioner preferred an appeal before respondent no.2, namely; Commissioner, Prayagraj Division, Prayagraj as provided under Section 27(2) of Uttar Pradesh Urban Planning and Development Act, 1973. In the said appeal, an interim protection was granted by the respondent no.2 in favour of petitioners. Ultimately, the aforesaid appeal was dismissed by respondent no.2 vide order dated 28.9.2024. Aggrieved with the aforesaid, the petitioners preferred revision before the State Government as provided under section 41(3) of the Act, 1973 on 22.10.2024. Along with the said revision, an application for interim protection was also filed on the same date, copy of which is appended as Annexure No.9 to the writ petition. 3. It is argued by counsel for the petitioners that though a considerable time has been elapsed and till date no decision has been taken by the authority concerned. 4. It is argued by the learned Standing counsel that on the application, learned Appellate Authority directed the parties to maintain status quo. 5. Learned Standing counsel has accepted notice on behalf of respondent nos. 1, 2 and 6. Sri Awadhesh Narayan Dubey, learned counsel has accepted notice on behalf of respondent nos. 3, 4 & 5. 6. With the consent of counsel for the parties, present writ petition is being disposed of at the admission stage. 7. In view of the same, present writ petition is disposed with a direction to the respondent no.1 to pass appropriate orders on the revision filed by the petitioners dated 20.10.2024 expeditiously and preferably within a period of three months from today.. 8. Till the disposal of the revision, status quo as on today shall be maintained by the parties. 9. Learned counsel for the petitioners is directed to place a copy of this order before the respondent no.1 within ten days from today. Order Date :- 8.4.2025 Mukesh Digitally signed by :- MUKESH SRIVASTAVA High Court of Judicature at Allahabad