Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:87346 Court No. - 33 Case :- WRIT - C No. - 16436 of 2025 Petitioner :- Ram Narayan Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Hemant Kumar Dubey,Ratan Mishra Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J.
1. The order dated 17.08.2017 was passed by respondent no. 2/Additional Commissioner, Gorakhpur Division, Gorakhpur against the aforesaid a statutory appeal was filed by the petitioner before the Controlling Authority,/District Magistrate (Regulated Area), Deoria which was also rejected on
13.02.2025.
2. Aggrieved against the aforesaid, the petitioner filed a revisions as provided under section 15-A of U.P. (Regulation of Building Operations) Act, 1958 was filed before the Commissioner Gorakhpur Division Gorakhpur which according to the petitioner subsequently transferred before the Additional Commissioner, Gorakhpur Division Gorakhpur being Revision No. 716 of 2025. It is argued that alongwith said revision an application for the grant of interim relief was also filed by the petitioner on 25.03.2025, copy of which is appended at page 48 and 49 of the writ petition but till date no decision has been taken. It is further argued that though a statutory appeal filed by the petitioner is pending consideration before the respondent no. 2 but ignoring the aforesaid fact the respondent no. 4 issued an order on 07.04.2025 directing the Executive Officer of Nagar Palika Parishad, Deoria in respect of demolition of the construction made by the petitioner over the plot in dispute, hence a prayer has been made to direct the respondent no. 2 to
decide the aforesaid stay application filed in the aforesaid revision and till the disposal of the same interim protection be also granted.
3. Heard counsel for the parties and perused the record.
4. In view of the facts and circumstances of the case, the present petition is disposed of permitting the petitioner to place a copy of this order before the respondent no. 2 within two weeks' from today, the respondent no. 2 is directed to take decision on the stay application filed by the petitioner most expeditiously and preferably within a period of next two weeks'.
5. No coercive action is taken against the petitioner for a period of five weeks or till the time order is passed on the stay application, whichever is earlier. Order Date :- 21.5.2025 Arti Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad