Neutral Citation No. - 2025:AHC:77723-DB Court No. - 21 Case :- WRIT - C No. - 11510 of 2025 Petitioner :- Anita Chaudhary Respondent :- State Of Uttar Pradesh And 4 Others Counsel for Petitioner :- Chinta Mani,Devansh Misra,Ichchhit Srivastava Counsel for Respondent :- Ashutosh Pandey, Kali Charan Yadav,C.S.C.,J. N. Maurya Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The following prayer has been made by the petitioner: "i) Issue writ, order or direction in the nature of Mandamus directing the Respondent Nos. 2, 3 & 4 to restrain unauthorized construction being carried out on land bearing House No.1072 situated at Ward No. 8, Rameshwarpuri, Near Gandhi Kala Bhawan, Malviya Road, District Basti in pursuance of the notice dated 28.02.2025 issued under Section 27 read with Section 28 of the Uttar Pradesh Urban Planning & Development Act, 1973 (Annexure-3 to this writ petition)." 2. The petitioner is owner of a residential house bearing Municipal No.1073 situated at Ward No. 8, Rameshwarpuri, Near Gandhi Kala Bhawan, Malviya Road, District Basti. She claims title over the said property on basis of two sale-deeds dated 14.03.1997 and 21.06.1997. Further case of the petitioner is that respondent No. 5 is raising constructions over adjoining plot bearing Municipal No.1072 situated at Ward No. 8, Rameshwarpuri, Near Gandhi Kala Bhawan, Malviya Road, District Basti earlier recorded as Gata No. 313 in the revenue records. The construction being raised by respondent No. 5 is causing damage to the building of the petitioner and it has developed cracks. The petitioner aggrieved by the illegal constructions being raised by respondent No. 5 approached the Development Authority with a representation dated 18.03.2025. She also made various representations to different Authorities but according to the petitioner, no heed was paid to her representations and hence, the instant petition. 3. A short counter affidavit has been filed on behalf of respondent No. 5, in which, the stand taken is that the petitioner has instituted a civil suit bearing No.679 of 2024 for permanent prohibitory injunction against respondent No. 5. He has also instituted another suit No. 987 of 2024 but has got it withdrawn vide order dated 29.01.2025. He thereafter got another suit filed through her brother, Deepak Kumar Chaudhary, being Original Suit No. 109 of 2025. It is also stated that predecessor in interest of respondent No. 5 had instituted Original Suit No. 133 of 2000 against the petitioner for permanent prohibitory injunction and in the said suit, the petitioner also filed a counter claim and the suit as well as the counter claim are pending. Respondent No. 5 is raising constructions on basis of a map sanctioned on 21.08.2021 which is valid upto 07.09.2026. Respondent No.5 has also submitted a compounding plan and the same is pending consideration before the Development Authority. 4. Learned counsel for the petitioner, in reply, submits that respondent No. 5 admits that he has raised constructions in deviation from the sanctioned plan and has therefore, applied for compounding. The Development Authority has placed on record the written instructions. The stand taken therein is that it has already issued notices to respondent No. 5 under Sections 27, 28(1) and 28(2) of U.P. Urban Planning and Development Act, 1973. It is admitted that on 01.05.2025, respondent No. 5 has applied for compounding. It is stated that the said application would be considered and decided on its merits. At present, no construction activity is underway. 5. Thus, we find that the Development Authority has already initiated proceedings under the relevant provisions of U.P. Urban Planning and Development Act, 1973 and it goes without saying that the Development Authority would be obliged to conclude the said proceedings in accordance with law expeditiously. 6. In respect of the claim of the petitioner regarding damage caused to her building, the petitioner has already instituted a civil suit and her counter claim in the suit instituted by the predecessor in interest of respondent No. 5 is also pending. 7. In such circumstances, at this stage, we refrain from making any observation with regard to the said plea and leave it open to the petitioner to raise the same before the civil court in the pending proceedings or by such other mode as may be advised. 8. The petition stands disposed of, accordingly. Order Date :- 13.5.2025 Mukesh Kr. (Anish Kumar Gupta,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- MUKESH KUMAR High Court of Judicature at Allahabad