Neutral Citation No. - 2025:AHC:135725-DB Court No. - 29 Case :- WRIT - C No. - 26818 of 2025 Petitioner :- Mohd. Nasim Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Azad Khan,Danish Kaleem Counsel for Respondent :- C.S.C. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Vinod Diwakar,J. 1. Heard Shri Azad Khan, learned counsel for the petitioner and Shri Ambrish Shukla, learned Addl. Chief Standing Counsel appearing for State respondents as well as Mirzapur Vindhyachal Development Authority, Mirzapur (in short "Authority"). 2. The instant writ petition has been preferred for a direction to respondent no.3-City Magistrate/ Secretary, Mirzapur Vindhyachal Development Authority, Mirzapur to permit the petitioner to construct his house over Arazi No.107 within stipulated period. 3. It is informed that there is no counsel for the Authority, as such, we direct Shri Ambrish Shukla, learned Addl. Chief Standing Counsel to appear on behalf of the Authority also and assist the Court. 4. Learned counsel for the petitioner alleges that the Authority is adopting pick and choose policy. They have accorded due approval under Section 14/15 of the U.P. Urban Planning and Development Act, 1973 (in short "Act, 1973") to various authorities/ individuals but the petitioner has been discriminated. In this regard, he has relied upon various photographs, which are appended along with the writ petition. He further submits that the petitioner's holding is far away from river Ganges and as such there is no impediment in according any such permission. 5. The relief is being resisted by learned Addl. Chief Standing Counsel on the premise that notice under Section 27 (1) of the Act, 1973 has already been issued to the petitioner and other persons. Nothing is brought on record to show that the petitioner has ever applied for sanction of map or permission in this regard was ever accorded by the Authority under the Act, 1973. In Absence thereof, no construction can be carried out. He fairly states that in case the petitioner has right, title and claim over the property in question and the same is not in violation of the plan approved by the Authority, then definitely the application of the petitioner under Section 14/15 of the Act, 1973 shall be processed in accordance with law. 6. Considering the factual situation as well as the relief, as has been prayed for, we are not inclined to issue any positive direction. However, we observe that in case the petitioner moves appropriate application along with requisite fee for sanction of plan under the Act, 1973, the same would be processed in accordance with law expeditiously and preferably within two months from the date of production of certified copy of this order. 7. With the aforesaid observations, the writ petition stands disposed of. 8. Learned Addl. Chief Standing Counsel is directed to inform this order to the Authority forthwith. Order Date :- 11.8.2025 SP/ Digitally signed by :- SURYA PRAKASH High Court of Judicature at Allahabad