Neutral Citation No. - 2025:AHC:83358 Court No. - 33 Case :- WRIT - C No. - 15925 of 2025 Petitioner :- Asrar Ahmad Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Akhilesh Kumar Singh Counsel for Respondent :- C.S.C.,Vibhanshu Vaibhav Hon'ble Prakash Padia,J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for respondent Nos.1 & 2 and Sri Vibhanshu Vaibhav, learned counsel for respondent Nos.3 & 4. 2. Facts in brief as contained in the writ petition are that the order dated 31.05.2024 was passed by the Prescribed Authority, Aligarh Development Authority by which part of the premised of the petitioner has been seized. The aforesaid order was challenged by the petitioner by filing Writ C No.23265 of 2024 which was disposed of by the Division Bench of this Court vide its order dated 27.03.2024 directing the petitioner to move an appropriate application before the authorities within two weeks from the date of submission of their objections in accordance with law and the respondents are directed to decide the same within two weeks thereafter. The order of sealing shall be subject to final outcome of the order passed on the objection/representation of the petitioners. Pursuant to the aforesaid order, the petitioner filed objection which was rejected by the authorities vide its order dated 24.10.2024. Aggrieved against the aforesaid order, the petitioner filed statutory appeal as provided under Section 28-A (4) of the U.P. Urban Planning and Development Act, 1973 before the Commissioner, Aligarh Division Aligarh on 04.02.2025. Since there was a delay of three months in filing the appeal, a delay condonation application is also filed with the appeal. 3. It is stated in the application that the petitioner was fallen ill and his treatment is going on I.T. Multi Specialty Hospital Medical Road Aligarh where the petitioner at least on two occasions was hospitalized and he was remain on bed rest. It is further stated that one of the partner was living in abroad and another was facing health issues and a prayer has been made to condone the delay in filing the appeal. 4. It is argued by learned counsel for the petitioner that the delay condonation application has been rejected by the respondent No.2/Commissioner, Aligarh Division, Aligarh vide its order dated 21.04.2025 on the ground that no cogent ha been given in the delay condonation application while and cogent reason has been given in the application but without considering the same in right perspective, the application was rejected. 5. Heard learned counsel for the parties and perused the record. 6. From perusal of the record, it is clear that cogent reasons have been given in the application and delay has been satisfactory explained but without considering the same, the application was rejected. The law in this connection is well settled by the Hon'ble Supreme Court as well as this Court on various occassion that liberal view should be approched while dealing with the delay condonation application. Apart from the same, the order dated 21.04.2025 is a non speaking order. 7. In this view of the matter, the Court is of the opinion that the order dated 21.04.2025 passed by the respondent No.2/Commissioner, Aligarh Division, Aligarh is liable to be set aside and the same is hereby set aside and the delay in filing the appeal is condoned and the delay condonation application is allowed. The respondent No.2 is directed to decide the Appeal/Case No.183 of 2025 expeditiously on merits. 8. With the aforesaid observation, the writ petition is allowed. Order Date :- 19.5.2025 saqlain Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad