Neutral Citation No. - 2025:AHC:136223-DB Court No. - 29 Case :- WRIT - C No. - 26989 of 2025 Petitioner :- Raj Kumar Prajapati Respondent :- State of U.P. and Another Counsel for Petitioner :- Gulab Chandra Tiwari Counsel for Respondent :- C.S.C. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Vinod Diwakar,J. 1. Heard Mr. G.C. Tiwari, learned counsel for the petitioner, Mr. F.A. Ansari, learned Additional Chief Standing Counsel for the State-respondents and perused the material brought on the record. 2. The petitioner has invoked the writ jurisdiction under Article 226 of the Constitution of India, challenging the legality and validity of the impugned notice dated 15.7.2025 passed by the respondent No.2 i.e. Controlling Authority Regulated Area, District- Jaunpur for demolition of the building under Section 10 of the Uttar Pradesh (Regulation of Building of Operations) Act, 1958 (hereinafter referred to as the "Act, 1958") 3. Learned counsel for the petitioner vehemently contended that the impugned notice is per se unsustainable under the Act 1958, wherein, exhaustive procedure has been categorically prescribed for issuing notice and thereafter proceeding against the incumbent under the Act, 1958. However, in the present case, only cyclostyled notice has been given to the petitioner without assigning any reason in the impugned notice dated 15.7.2025. Learned counsel for the petitioner in support of his submissions has heavily placed reliance upon Section 10(2) of the Act, 1958, wherein, it has categorically been stated that the no such order shall be made unless the party concerned has been given an opportunity of being heard. 4. Confronted with the above situation, learned counsel for the contesting-respondent could not over come the same. 5. Considering the factual situation, we find that the impugned notice is per-se unsustainable and the same is hereby, set-aside. The matter is relegated to the controlling authority to proceeding with the matter in accordance with the law. 6. In view of the above, the instant petition stands partly allowed. Order Date :- 12.8.2025 Sachin Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad