KAJAL KUMARI v. STATE OF UTTAR PRADESH AND 2 OTHERS
WRIC/27239/2025 · 2025-08-19
Anish Kumar Gupta, Mahesh Chandra Tripathi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 84438 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 84438 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:142860-DB Court No. - 29 Case :- WRIT - C No. - 27239 of 2025 Petitioner :- Kajal Kumari Respondent :- State Of Uttar Pradesh And 2 Others Counsel for Petitioner :- Aman Ahsan,Ravindra Singh Yadav,Shivam Yadav,Udai Bhatia Counsel for Respondent :- C.S.C.,Nagesh Kumar,Pranjal Mehrotra Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anish Kumar Gupta,J.
1. Heard Shri Shivam Yadav, learned counsel for the petitioner; Shri Ambrish Shukla, learned Addl. Chief Standing Counsel for State respondents and Shri Nagesh Kumar, learned counsel for Jhansi Development Authority (in short "Authority"). 2. The instant writ petition has been preferred for quashing the impugned sealing order dated 28.06.2025 passed by respondent no.3 in respect of petitioner's premises bearing No.9, Shree Ram City, Khailpur, Jhansi, U.P. and for a direction to respondents to forthwith de-seal the said premises and to permit the petitioner to reside and use the said premises without interference subject to compliance with compounding or other regulatory measures, if any. 3. Learned counsel for the petitioner submits that the order dated 28.06.2025 was challenged before the Commissioner, Division Jhansi in appeal. The Commissioner, vide order dated 19.07.2025, on the undertaking given by the petitioner, had remitted the matter to the competent authority to process the application of compounding and so far as non-compoundable portion is concerned, the same was directed to be demolished in accordance with law. Learned counsel for the petitioner, in this backdrop, submits that on account of continuity of sealing, the petitioner is suffering irreparable loss and injury as the disputed house is also used for dwelling purpose. 4. Learned counsel for the petitioner also gives undertaking
before this Court that in case there is any non-compoundable portion in the property in question, the same would be demolished by the petitioner himself. 5. Per contra, learned counsel for the respondents has vehemently opposed the writ petition. He states that the Authority has acted strictly in accordance with law and no interference is required in the instant matter. 6. Considering the factual situation, the appellate order dated 19.07.2025 as well as the undertaking given by the petitioner, we find that no useful purpose will be served in keeping the writ petition pending consideration.
Without expressing any opinion on merits of the issue and with the consent of parties, the writ petition stands disposed of asking the authority concerned to decide the compounding application of the petitioner in accordance with law expeditiously and preferably within three weeks but certainly after giving opportunity to the petitioner. In case, the compounding application is not decided within three weeks, the premises will be de-sealed and the Authority would be at liberty to proceed in accordance with law. Order Date :- 20.8.2025 SP/ Digitally signed by :- SURYA PRAKASH High Court of Judicature at Allahabad