HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 27254 of 2025 Court No. - 21 HON'BLE MANOJ KUMAR GUPTA, J. HON'BLE ARUN KUMAR, J. 1. The following prayers have been made in the present writ petition: "i) to issue a writ, order or direction in the nature of mandamus, directing the respondent-authorities not to demolish the shops and structures of the petitioners situated at Saeed Nagar, Hardo Patti, Tehsil- Sadar, District- Rampur without due process of law. ii) to issue a writ, order or direction in the nature of mandamus, directing the respondent-authorities not to dispossess the petitioners other than due process of law." 2. The case of the petitioners is that the shops of the petitioners are in existence over the land, which they have purchased through different sale deeds. The respondents are threatening to demolish the constructions without any order and opportunity of hearing. 3. Learned Standing Counsel has placed on record the instructions received from District Magistrate, Rampur in which the stand taken is that the land in question is government land and First Information Report dated 26.08.2025 has been registered against the petitioners on basis of complaint filed by the Revenue Department. It is also stated that notice has been issued to the petitioners by the Development Authority under the provisions of U.P. Urban Planning and Development Act, 1973 seeking Versus Counsel for Petitioner(s) : Shoar Mohammad Khan, Vivek Sharma Counsel for Respondent(s) : C.S.C. Baljeet Kumar And 8 Others .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) their explanations. 4. During course of hearing, we have also heard Shri D.S. Chauhan, Advocate and he submits that, in fact, the Development Authority has issued notice on 06.08.2025 under Section 26-A(4) read with Section 27(1) of U.P. Urban Planning and Development Act, 1973 seeking explanation of the petitioners. He states that, since, action is being taken by the Development Authority, the writ petition would not be maintainable without impleadment of the Development Authority. 5. Shri S.M. Khan, learned counsel for the petitioners submits that the subject land is situated in a village and it is not part of development area notified under the Act. It is, thus, submitted that the Development Authority will have no jurisdiction in the matter. 6. In our opinion, the aforesaid issue requires ascertainment of facts and, since, notice has already been issued by the Development Authority and counsel for the petitioners states that the petitioners have already replied to the same, we dispose of the instant petition by providing that the Development Authority may proceed to decide the objection of the petitioners and until the same is decided, not to take any coercive action against them. September 4, 2025 Ankit. WRIC No. 27254 of 2025 2 (Arun Kumar,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- ANKIT VISHWAKARMA High Court of Judicature at Allahabad