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Neutral Citation No. - 2025:AHC:124716-DB Court No. - 29 Case :- WRIT - C No. - 24279 of 2025 Petitioner :- Sushil Kumar Gupta Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Omar Zamin Counsel for Respondent :- C.S.C.,Tejasvi Misra Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.
1. Heard Shri Omar Zamin, learned counsel for the petitioner; Shri Akhileshwar Singh, learned Additional C.S.C. appearing for the State respondents and Shri Tejasvi Misra, learned counsel for Ghaziabad Development Authority.
2. The instant writ petition has been preferred for a direction commanding the respondent no.2 to 4 to compound/regularise lift service and other grievances and set aside the notice dated 28.1.2025, 18.2.2025, 17.03.2025 and 08.5.2025, issued under Section 27(1) of the U.P. Urban Planning and Development Act 1973, which was send by respondent no.2, otherwise the petitioner shall suffer irreparable loss and injury.
3. Learned Additional C.S.C. and Shri Tejasvi Misra, learned counsel for Ghaziabad Development Authority raised a preliminary objection that the writ petition is premature as the petitioner has not responded to the impugned notices issued under Section 27(1) of the U.P. Urban Planning and Development Act 1973 and directly preferred the instant writ petition. He submits that in case any objection is filed, the same would be dealt with by the Competent Authority, in accordance with law.
4. Having heard learned counsel for the parties and having perused
the records, we find substance in the objection raised by learned counsel for the respondents. At this stage, we are not inclined to issue any direction in the matter. However, in case petitioner files detailed objection alongwith requisite documents for compounding of his alleged construction, we hope and trust that the same would be considered and decided by the Secretary, Ghaziabad Development Authority expeditiously, in accordance with law.
5. The writ petition is disposed of. Order Date :- 28.7.2025 A. Pandey Digitally signed by :- ANAND PANDEY High Court of Judicature at Allahabad