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Neutral Citation No. - 2025:AHC:41255-DB IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD Court No. - 21 Case :- WRIT - C No. - 8546 of 2025 Petitioner :- Mahesh Chand Soni Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Shree Prakash Giri Counsel for Respondent :- C.S.C.,Suresh C. Dwivedi Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J.
1. On oral payer made by learned counsel for the petitioner that the matter is extremely urgent as the respondents have sealed the premises of the petitioner without any notice to the petitioner, we called for the record of the instant case and with the consent of
learned counsel for the parties, it has been heard.
2. By means of the instant petition, the petitioner has challenged the sealing order dated 10.03.2025 issued by the Vice Chairman, Agra Development Authority, Agra as well as the action of the respondents in sealing the premises in pursuance of the said order on the same date.
3. Learned counsel for the petitioner submits that the respondent- Authority has acted in a wholly malafide manner in sealing the premises. He submits that notice under Section 27of the Urban Planning and Development Act, 1973 was issued on 10.03.2025 and on the same day, sealing order was also passed. He submits that on the same date, the police authorities were informed and the sealing order was also executed. He further submits that the Authorities have not even considered the fact that on the first floor, there is a residential premises and in which the petitioner and his family resides and that admittedly no fresh constructions were
being made. Therefore, even otherwise there was no such urgency to implement/execute the sealing order on the same day leaving the petitioner remediless. It is also submitted that the entire action has been taken at the behest of certain private person. It is also submitted that the premises in question had fallen to the share of the petitioner in a partition between him and his brother. Copy of the decree passed in the civil suit dated 23.11.2013 has also been brought on record.
4. Sri S.C. Dwivedi, learned counsel appearing for Agra Development Authority, Agra submits that the petitioner may file objection before the Development Authority and the Development Authority will consider the same.
5. As no notice has been issued to the petitioner till date but only to his brother therefore, we are of the opinion that the said course of action would not serve any purpose. As we find the sealing order was passed in tearing hurry and concededly no fresh constructions were being raised, therefore, we quash the same.
6. The Authority will issue proper notice to the petitioner as well and seek his response and thereafter, pass fresh order in accordance with law.
7. The petition stands disposed of accordingly.
Order Date :- 20.3.2025 Ashish Pd. (Anish Kumar Gupta,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad