Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 36098 (ALL)

SUBODH RAY v. STATE OF U.P. AND ANOTHER

WRIC/10011/2025 · 2025-04-24

Anish Kumar Gupta, Manoj Kumar Gupta

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:63585-DB Court No. - 21 Case :- WRIT - C No. - 10011 of 2025 Petitioner :- Subodh Ray Respondent :- State of U.P. and Another Counsel for Petitioner :- Mithilesh Tiwari,Mrityunjay Datta Tiwari Counsel for Respondent :- C.S.C.,Ravi Prakash Pandey Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. Prayer made in the instant petition is for restraining respondent no.2 from demolishing the constructions of the petitioner situated at Village Abupur, Tehsil Modinagar, District Ghaziabad without deciding the objections dated 31.01.2025 and 22.03.2025. 2. A perusal of the pleadings in the writ petition and the documents annexed therewith reveals that the petitioner has set-up inconsistent case. 3. As noted above, the prayer is not to demolish the existing constructions, whereas in paragraph 14 of the writ petition, it is stated that the respondents have demolished the front side of the building of the petitioner. In the representation dated 22.03.2025, there is no assertion that any part of the building had been demolished. The prayer made in the said representation is for a compounding the constructions after realizing the compounding fee. 4. Counsel for the Development Authority despite due notice is not present and as such stand of the Development Authority is not known. 5. In such a situation, we dispose of the instant petition by providing that the respondent-Development Authority shall pass a speaking order on the representation of the petitioner dated 22.03.2025 relating to compounding of the constructions within three weeks from the date of communication of the instant order. Order Date :- 25.4.2025 CS/- (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad