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2025 DAILYLAW 61196 (ALL)

SMT. MUNNI DEVI AND ANOTHER v. STATE OF UP AND 4 OTHERS

WRIC/17036/2025 · 2025-10-08

Kunal Ravi Singh, Mahesh Chandra Tripathi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 17036 of 2025 Court No. - 29 HON'BLE MAHESH CHANDRA TRIPATHI, J. HON'BLE KUNAL RAVI SINGH, J. 1. Heard Sri Kamlesh Kumar Tiwari, learned counsel for the petitioners, Sri Nagesh Kumar, learned counsel for respondent nos.4 and 5 and Ms. Uttara Bahuguna, learned Additional Chief Standing Counsel for the State. 2. There is a dispute viz-a-viz between the petitioner and the private respondents. The proceedings, which have commenced qua plot no.576, under Section 27/28 of the Act, 1973, the same has attained the finality up to the High Court in Writ C No.1216 of 2023 wherein, a learned Single Judge has passed the following order :- "Heard Ms. Akanksha Mishra, learned counsel for petitioner, Sri Kamlesh Kumar Tiwari, learned counsel for respondent No.4 and Sri Prabhat Tripathi, learned counsel appearing on behalf of Jhansi Development Authority. This Court is passed following order on 02.03.2023. "1. Prima facie I do not find merit in the argument of Ms. Akanksha Mishra, learned counsel for petitioner that there is illegality or irregularity in impugned order. However, there is merit in argument of learned counsel that it is possible that in the garb of impugned order even old constructions may be demolished. 2. Sri Prabhat Tripathi, learned counsel appearing for Development Authority is directed to take instructions and produce a map mentioning constructions which are proposed to be demolished in terms of impugned order. 3. Put up for further hearing on 16th March, 2023. 4. Court will appreciate if Development Authority concerned will not take any coercive measures in pursuance of impugned order till next date of hearing." Versus Counsel for Petitioner(s) : Kamlesh Kumar Tiwari, Monarch Tripathi Counsel for Respondent(s) : C.S.C., Nagesh Kumar Smt. Munni Devi And Another .....Petitioner(s) State Of Up And 4 Others .....Respondent(s) A map has been placed on record and demolition is proposed only in regard to new construction, therefore, the apprehension of petitioner is that old construction may also demolish is without any basis. Accordingly, this writ petition is dismissed." 3. Accordingly, this writ petition is dismissed." 3. In view of the aforesaid factual situation wherein, the Jhansi Development Authority has proceeded to carry out the removal/demolition of an illegal construction over plot no.188/1 (New No.576), and the proceeding under Section 27 read with Section 28 of the Act, 1973 has been finalized up to the High Court, and the order of the learned Single Judge has attained finality, we are not inclined to take a contrary view as against the order passed by the learned Single Judge. 4. In view of the aforesaid observation, the instant petition is devoid of merits and is accordingly dismissed. October 9, 2025 Priya WRIC No. 17036 of 2025 2 (Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad