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2025 DAILYLAW 45841 (ALL)

SMT DHANESH v. STATE OF U.P. AND 7 OTHERS

WRIC/12075/2025 · 2025-04-22

Anish Kumar Gupta, Manoj Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:61034-DB Court No. - 21 Case :- WRIT - C No. - 12075 of 2025 Petitioner :- Smt Dhanesh Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Naresh Kumar Pal Counsel for Respondent :- C.S.C.,Kaushalendra Nath Singh Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The petitioner has assailed a notice dated 08.10.2024 issued by Senior Manager, Work Circle-5 and Tehsildar, NOIDA in purported exercise of power under Section 10 of the U.P. Industrial Area Development Act, 1976 requiring the petitioner to remove illegal constructions within seven days or to submit reply failing which the same would be demolished. 2. Learned counsel for the petitioner tried to submit that the notice pertains to Plot no.230 whereas the petitioner is owner of Plot no.229 and has no concern with Plot no.230. 3. The petitioner has not filed any response to the notice so far. Therefore, we are not inclined to examine the issue at this stage. 4. Shri Kaushalendra Nath Singh, learned counsel for the respondent-Authority very fairly states that, in case any reply is submitted, the same will be duly considered. 5. Accordingly, the petition is disposed of by providing that the petitioner shall file reply in response to the impugned show-cause notice within two weeks from today and in which event, same will be decided by the competent authority-NOIDA within next four weeks, after opportunity of hearing to the petitioner and until the objections are decided, not to take any coercive action against the petitioner in pursuance of the impugned notice. 6. The petitioner will not raise any fresh constructions in the meantime. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 23.4.2025 Ankit. Digitally signed by :- ANKIT VISHWAKARMA High Court of Judicature at Allahabad