SMT. PREMA KESARWANI v. STATE OF U.P. AND 2 OTHERS
WRIC/25325/2025 · 2025-07-31
Mahesh Chandra Tripathi, Prashant Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 80211 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 80211 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:129626-DB Court No. - 29 Case :- WRIT - C No. - 25325 of 2025 Petitioner :- Smt. Prema Kesarwani Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ramendra Giri,Vinay Kumar Dwivedi Counsel for Respondent :- C.S.C.,Harsh Vardhan Gupta Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.
1. Heard learned counsel for the petitioner; Ms. Anura Singh,
learned counsel for the Prayagraj Development Authority and learned Standing Counsel for the State respondent.
2. The instant writ petition has been filed for quashing the impugned notice/order dated 7.7.2025 issued by the Zonal Officer, Prayagraj Development Authority.
3. At the outset, learned counsel for the PDA raises an objection with regard to maintainability of the writ petition on two fold submissions. Firstly, the proceedings are yet to be culminated in its logical end but without responding to the notice under Section 27(1) of the U.P. Urban Planning & Development Act, 1973 the petitioner has invoked the writ jurisdiction. Even against the finalization of the proceedings under Section 27(1) of the Act of 1973, the petitioner is having the alternative forum of appeal before the Divisional Commissioner, PDA.
4. Considering the factual situation, without adverting on the merits of the case and in the interest of justice, the instant writ petition is disposed of with the observation that in case petitioner files a fresh objection against the impugned notice under Section 27(1) of the Act of 1973 within a week, the competent authority shall decide the said objection but certainly after giving an opportunity of hearing to the petitioner, within six weeks thereafter.
5. Till disposal of such objection, the respondents are restrained to carry out demolition.
Order Date :- 1.8.2025 Ranjeet Sahu Digitally signed by :- RANJEET SAHU High Court of Judicature at Allahabad Digitally signed by :- RANJEET SAHU High Court of Judicature at Allahabad