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2025 DAILYLAW 72131 (ALL)

ANURADHA DEVI v. STATE OF UP AND 4 OTHERS

WRIC/22164/2025 · 2025-07-20

Mahesh Chandra Tripathi, Vinod Diwakar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:117626-DB Court No. - 29 Case :- WRIT - C No. - 22164 of 2025 Petitioner :- Anuradha Devi Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Arvind Kumar Srivastava,Bhaju Ram Pprasad Sharma Counsel for Respondent :- C.S.C. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the petitioner, Shri Ambrish Shukla, learned Additional Chief Standing Counsel for the State- respondent, and perused the record. 2. The petitioner, who claims to be a co-sharer of the complainant, has approached this Court under writ jurisdiction seeking a direction to respondent no. 4 to expeditiously decide Case No. 43 of 2025, pending under Section 10 of the U.P. (Regulation of Building Operations) Act, 1958, without granting unnecessary adjournments. The petitioner has further prayed that until the disposal of the said case, the respondents be restrained from altering the nature or character of the land in question. 3. It has also been submitted that the petitioner is an affected party, as Original Suit No. 416 of 2021, instituted by the co-sharer (complainant), is presently sub-judice before the Civil Judge (Junior Division), Maharajganj, wherein an injunction has been sought in respect of Plot No. 285. 4. Per contra, the learned Additional Chief Standing Counsel has raised two primary contentions: firstly, that although the petitioner claims to be a co-sharer, he has not taken any steps to seek impleadment in the said civil suit; and secondly, that under the provisions of the U.P. (Regulation of Building Operations) Act, 1958, the Prescribed Authority is competent to adjudicate the matter and may proceed to conclude the same in accordance with law, provided there is no legal impediment. 5. Having regard to the facts and circumstances of the case, this Court does not consider it appropriate to issue any specific direction at this stage in favour of the petitioner. However, it is observed that where proceedings are pending before Regulatory Authority/Additional District Magistrate, it is expected that such authority shall dispose of the matter expeditiously, in accordance with law, and without granting any repetitive adjournments. 6. The writ petition stands disposed of. Order Date :- 21.7.2025 Shafique Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad