TARIQ AHMED AND ANOTHER v. STATE OF U.P. AND 2 OTHERS
WRIC/24064/2025 · 2025-09-14
Anish Kumar Gupta, Mahesh Chandra Tripathi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 78185 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 78185 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 24064 of 2025 Court No. - 29 HON'BLE MAHESH CHANDRA TRIPATHI, J.
HON'BLE ANISH KUMAR GUPTA, J.
1. Heard Sri Ali Bin Saif, learned counsel for the petitioners, Sri Akhileshwar Singh, learned Additional Chief Standing Counsel for the State respondents and Sri Vibhanshu Vaibhav, learned counsel for the respondent no. 3-Aligarh Development Authority. 2. The instant writ petition has been filed seeking quashing of the order dated 4.6.2025 and 17.6.2025. It is further prayed that a direction be issued to the respondent no. 3 to compound the sealed portion as per the Supreme Court judgement and new bye-laws. 3. In response to the order dated 26.8.2025, the third respondent i.e. Vice- Chairman, Aligarh Development Authority has filed his personal affidavit, which is taken on record. 4. Sri Vibhanshu Vaibhav, learned counsel for the respondent no. 3 on the strength of averment made in paragraph 5 of the affidavit submits that the statutory appeal against the order dated 31.5.2024 and 24.10.2024 filed before the Commissioner has been decided/rejected on 12.9.2025 and the authority will proceed in the matter in accordance with the provisions of U.P. Urban Planning and Development Act, 1973. He further submits that in pursuance of the order dated 12.9.2025 passed by the Commissioner, Aligarh, the respondent Authority will proceed in the matter in accordance with U.P. Model Building Construction and Development Byelaws and Model Zoning Regulations-2023 prepared under the Act,
1973. Lastly, he submits that in case the petitioners are aggrieved with the Versus Counsel for Petitioner(s) : Ali Bin Saif Counsel for Respondent(s) : C.S.C., Vibhanshu Vaibhav Tariq Ahmed And Another .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s)
rejection order passed by the appellate authority, it is always open to them to invoke the remedy as available under Section 41(3) of the Act, 1973. 5. In this backdrop, learned counsel for the petitioners precisely submits that the petitioners are inclined to press an application under the U.P. Model Building Construction and Development Byelaws and Model Zoning Regulations-2023 for compounding the sealed portion. He submits that leave may be accorded to the petitioners to institute the proceedings in accordance with law. 6. Accordingly, the writ petition stands disposed of with aforesaid leave.
September 15, 2025 Kirti WRIC No. 24064 of 2025 2 (Anish Kumar Gupta,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad