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Neutral Citation No. - 2025:AHC:44248-DB Court No. - 21 Case :- WRIT - C No. - 9448 of 2025 Petitioner :- Varun Chaudhary Respondent :- State of U.P. and Another Counsel for Petitioner :- Nipun Singh,Sumit Suri Counsel for Respondent :- Anjali Upadhya,C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J.
1. The petitioner has assailed a notice dated 24.02.2025, purportedly issued under Section 10 of the U.P. Industrial Area Development Act, 1976. The notice mentions that the development being undertaken by the petitioner is detrimental to the planned development of the area and he should remove the same within seven days failing which it would be removed by the Authority at the expense of the petitioner.
2. Learned counsel for the petitioner submits that on basis of impugned notice the respondents are threatening to demolish the constructions. He submits that the petitioner would file reply to the impugned notice and the authority be directed to decide the same and not to take any coercive action before decision is taken.
3. Ms. Anjali Upadhyay, learned counsel for the Development Authority submits that the Authority will treat the impugned notice as a show cause notice and will not take any coercive action unless the explanation if any, filed by the petitioner, is decided.
4. Having regard to the said stand, we dispose of the instant petition by providing two weeks' time to the petitioner to file reply to the impugned notice and the respondent Authority would decide the same by a speaking order after hearing the petitioner within
next four weeks and not take any coercive action on basis of the impugned notice, in the meantime.
5. In case, no reply is submitted by the petitioner within two weeks from today, it shall be open to the Authority to proceed further in the matter in accordance with law. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 1.4.2025 gp Digitally signed by :- GANESH PRAKASH High Court of Judicature at Allahabad