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2025 DAILYLAW 53985 (ALL)

MAHESH CHANDRA GUPTA v. STATE OF U.P. AND 2 OTHERS

WRIC/14216/2025 · 2025-05-06

Anish Kumar Gupta, Manoj Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:73593-DB Court No. - 21 Case :- WRIT - C No. - 14216 of 2025 Petitioner :- Mahesh Chandra Gupta Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Adarsh Singh,Gautam Baghel Counsel for Respondent :- C.S.C.,Dharmendra Singh Chauhan Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The petitioner has assailed an order/intimation dated 21.04.2025 issued by respondent no. 3 in purported exercise of power under Section 28-A(1) of U.P. Urban Planning and Development Act, 1973 and a notice dated 04.04.2025 issued under Section 27(1) of the said Act. 2. Learned counsel for the petitioner submits that the petitioner has filed a detailed objection on 21.04.2025. He prays that the same be directed to be decided before the sealing order is given effect to. 3. Sri D.S. Chauhan, learned counsel for the respondent - Development Authority has placed for our perusal an application filed by the petitioner stating that the alleged offending construction is in existence since a long time and no new construction has been made. He has also stated that he would shift the activity being carried on presently in the premises to other place. Sri D.S. Chauhan states that the Development Authority has already kept in abeyance the sealing order and would decide the objection. 4. Having regard to the same, we dispose of the instant petition by providing that till the objection dated 21.04.2025 is decided, the respondent - Authority, as per statement made on its behalf, shall not give effect to the sealing order. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 7.5.2025 gp Digitally signed by :- GANESH PRAKASH High Court of Judicature at Allahabad