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Neutral Citation No. - 2025:AHC:80953-DB Court No. - 21 Case :- WRIT - C No. - 15533 of 2025 Petitioner :- Atul Kumar Respondent :- State of U.P. and Another Counsel for Petitioner :- Noor Muhammad,Yogesh Kumar Srivastava Counsel for Respondent :- C.S.C.,Dharmendra Singh Chauhan Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J.
1. The petitioner is aggrieved by an order dated 3.5.2025 passed by Incharge Secretary, Firozabad-Shikohabad Development Authority, Firozabad, in exercise of power under Section 28A of U.P. Urban Planning and Development Act, 1973. By the said order, the illegal constructions raised by the petitioner over the setback areas has been sealed.
2. Admittedly, proceedings under Section 27(1) of U.P. Urban Planning and Development Act, 1973 are pending against the petitioner.
3. The impugned order is appealable under Section 28A(4) of the Act. Therefore, we are not inclined to examine its validity in exercise of writ jurisdiction. We leave it open to the petitioner to assail the said order in appeal, if so advised.
4. At this stage, counsel for the petitioner states that the petitioner will file appeal within two weeks from today and a direction be issued to the appellate authority to decide the appeal expeditiously.
5. Having regard to the same, it is hereby provided that in case appeal is filed within two weeks from today, it shall be decided by the appellate authority expeditiously.
6. The petition stands disposed of accordingly. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 16.5.2025 Jaideep/- Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad