VAS DEV SAHAY CHATURVEDI v. STATE OF UP AND 4 OTHERS
WRIC/15831/2025 · 2025-05-18
Anish Kumar Gupta, Manoj Kumar Gupta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 59855 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 59855 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:83220-DB Court No. - 21 Case :- WRIT - C No. - 15831 of 2025 Petitioner :- Vas Dev Sahay Chaturvedi Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Ram Sajiwan Mishra,Satyam Mishra Counsel for Respondent :- Anand Prakash Paul,C.S.C.,Pawan Kumar Rai Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J.
1. The petitioner feeling aggrieved by an order dated 22.04.2025 directing him to remove his goods within two days from House No. 75, Mini LIG, Dabauli West, Kanpur Nagar so that the premises could be sealed in compliance of order of the High Court, has preferred the instant petition.
2. The order recites that the objection dated 08.05.2024 filed by the petitioner is not being accepted and the premises would be sealed in compliance of order passed in Case No. No. 7186 of 2024, Daljeet Singh vs. Vice Chairman, Kanpur Development Authority, Kanpur Nagar and others as the petitioner has been running a karkhana from the said premises.
3. It seems that Writ-C No. 6978 of 2024 was filed by one Daljeet Singh praying for a writ of mandamus commanding the Vice Chairman, K.D.A., Kanpur Nagar to decide his representation dated 03.05.2023. The said writ petition was disposed of by order dated 22.03.2024 directing the Kanpur Development Authority, Kanpur Nagar to decide the representation of the petitioner of the said case, by a speaking order. The petitioner was thereafter issued a notice on 29.04.2024 under Section 27(1) of Uttar Pradesh Urban
Planning and Development Act, 1973 requiring him to show cause as to why action under Section 27 should not be taken against him as the premises is being used for running a kharad work shop. The petitioner replied to the said notice on 08.05.2024 stating that he is having a shop in the said premises and for which he is also paying house tax at commercial rate that is only source of his livelihood.
4. It appears that Daljeet Singh filed Contempt Application (Civil) No. 7186 of 2024 before this Court for initiating contempt proceedings for not deciding his representation in terms of the
order dated 22.03.2024. In the said case, notice was issued to the alleged contemnor and thereafter the impugned order came to be passed.
5. The impugned order only mentions that the representation filed by the petitioner dated 08.05.2024 is not acceptable but no reason has been given for discarding the same. Secondly, though the order purports to have been passed in compliance of order passed by this Court in Case No. 7186 of 2024 but no such order has been placed before us. As noted above, the said case is a contempt application filed by Daljeet Singh against Vice Chairman, K.D.A. for not complying with the order of this Court dated 22.03.2024 passed in Writ-C No. 6978 of 2024 with regard to non-disposal of the representation. There was no positive direction by this Court for sealing the premises as is sought to be made out by the order impugned.
6. Consequently, the impugned order is hereby quashed. The respondent-Authority is directed to apply its independent mind to the objection of the petitioner dated 08.05.2024 and application filed by him on 01.05.2025 and pass a final order, strictly in accordance with law.
7. The petition stands disposed of, accordingly.
Order Date :- 19.5.2025 Mukesh Kr. (Anish Kumar Gupta,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- MUKESH KUMAR High Court of Judicature at Allahabad