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2025 DAILYLAW 77321 (ALL)

SHOBHA DEVI SAHU v. STATE OF U.P. AND 3 OTHERS

WRIC/24382/2025 · 2025-07-27

Mahesh Chandra Tripathi, Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:124727-DB Court No. - 29 Case :- WRIT - C No. - 24382 of 2025 Petitioner :- Shobha Devi Sahu Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dinesh Kumar Yadav,Gaurav Kumar Counsel for Respondent :- C.S.C.,Harsh Vardhan Gupta Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the petitioner; learned Additional Chief Standing Counsel for the State-respondent no. 1; Sri A.N.Dube, learned counsel for the Prayagraj Development Authority and Sri J.N.Yadav along with Sri Agnivesh for the respondent no. 4. 2. The petitioner who is a complainant, has invoked the writ jurisdiction for a mandamus directing the respondent no. 3 to restrain the respondent no. 4 for illegal construction/modification of the structure in respect of EWS-II Flat No. 1 Block No. 11, Ground Floor Sulem Sarai Awas Yojna, Preetam Nagar, Police Station Dhoomanganj, District Prayagraj. 3. Learned counsel for the petitioner submits that against the illegal construction from the part of the respondent no. 4, the petitioner has already filed a detailed complaint along with requisite photographs, which are also brought on record as Annexure No. 2 to the writ petition but the respondents are unable to restrain the respondent no. 4. He submits that the said construction is impermissible in law. As the Authority failed to take a final call on the complaint, such situation impelled the petitioner to approach this Court by means of the instant writ petition. 4. Considering the factual situation and without adverting on the merits of the issue, we are of the opinion that it is paramount responsibility of the Development Authority, which is constituted under the U.P.Urban Planning and Development Act, 1973 to ensure no such illegal construction is permitted contrary to building byelaws. 5. With the aforesaid observation, the writ petition stand disposed of. Order Date :- 28.7.2025 A.K.Srivastava Digitally signed by :- ARUN KUMAR SRIVASTAVA High Court of Judicature at Allahabad