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2025 DAILYLAW 79205 (ALL)

JAHAN ARA v. STATE OF U.P. AND 5 OTHERS

WRIC/25551/2025 · 2025-08-03

Mahesh Chandra Tripathi, Yogesh Dubey Joint Registrar Judicial

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:130023-DB Court No. - 29 Case :- WRIT - C No. - 25551 of 2025 Petitioner :- Jahan Ara Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Kumar Anish Counsel for Respondent :- Avadhesh Narayan Dubey,C.S.C.,Manoj Kumar Singh,Pawan Kumar Singh Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Jitendra Kumar Sinha,J. 1. Heard learned counsel for the petitioner, Shri Fuzail Ahmad Ansari, learned standing counsel for the State-respondent, Shri Vibhu Rai, learned counsel for the Prayagraj Development Authority (PDA) and Shri Ramesh Prajapati, learned counsel for the respondent No.4. 2. The petitioner, who is the complainant, has invoked the writ jurisdiction, alleging that respondent Nos. 5 and 6 are carrying out certain constructions without sanction of the building map under Sections 14 and 15 of the U.P. Urban Planning and Development Act, 1973 (in short, "the Act, 1973") on land falling within the territorial jurisdiction of the PDA, which is not permissible under the said provisions. 3. Per contra, Shri Vibhu Rai, learned counsel for the PDA, has placed on record instructions dated 02.08.2025 indicating that the petitioner's complaint has already been entertained. He submits that initially, a notice under Section 27(1) of the Act, 1973 was issued, and since the construction was continuing unabated, the premises were sealed under Sections 28(1) and 28(2) of the Act, 1973. He further submits that necessary action is being taken and the PDA is proceeding in accordance with law. 4. Considering the factual position and the instructions dated 02.08.2025, we are of the view that no further orders are required to be passed in the present proceedings. However, it is clarified that the PDA shall continue to proceed strictly in accordance with law. 5. In view of the aforesaid, the writ petition stands disposed of. Order Date :- 4.8.2025 NLY Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad