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2025 DAILYLAW 85245 (ALL)

ANAND KUMAR AGRAWAL v. STATE OF U.P. AND 3 OTHERS

WRIC/27072/2025 · 2025-08-19

Anish Kumar Gupta, Mahesh Chandra Tripathi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:142857-DB Court No. - 29 Case :- WRIT - C No. - 27072 of 2025 Petitioner :- Anand Kumar Agrawal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pawnesh Tiwari,Pramila Tiwari,Somesh Tiwari Counsel for Respondent :- Avadhesh Narayan Dubey,C.S.C.,Harsh Vardhan Gupta,Vibhu Rai Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anish Kumar Gupta,J. 1. Heard learned counsel for the petitioner; Shri Ambrish Shukla, learned Addl. Chief Standing Counsel for State respondents and Shri Vibhu Rai, learned counsel for Prayagraj Development Authority (in short "Authority"). 2. In view of the order proposed to be passed, notices need not go to respondent no.4. 3. The instant writ petition has been preferred for following reliefs:- "(i) Issue a writ of mandamus commanding and directing the respondent no.3 to remove the encroachment from Stretchy Road in Zone B4 between Mahatma Gandhi Marg and Lal Bahadur Shastri Marg, in front of the petitioner's plot, free hold site no.48/9 Civil Station, Allahbad. (ii) Issue a writ of mandamus commanding and directing the respondent no.3 to comply with the order dated 28.09.2024 passed by the respondent no.2/ Divisional Commissioner, Prayagraj Division, Prayagraj in Case No.RST/177/2022 Munna Lal Kesarwani v. Prayagraj Development Authority u/s 28 Ka (4) U.P. Urban Planning and Development Act, 1973 and to take appropriate decision in the proceeding u/s 27 of aforesaid act, 1973." 4. In pith and substance, the petitioner is aggrieved by illegal construction made by respondent no.4 in front of petitioner's plot. It reflects from record that the Authority had already proceeded against respondent no.4 under the U.P. Urban Planning and Development Act, 1973 (in short "Act, 1973"). Against the same, the respondent no.4 had also preferred appeal before the Divisional Commissioner, Prayagraj, wherein the matter was remitted to the Authority concerned. 5. Considering the factual situation, once the matter is seized before the competent authority, we are not inclined to proceed further in the matter at this stage. Needless to say, it is expected from the authority concerned to proceed strictly in accordance with law. 6. The writ petition stands disposed of accordingly. Order Date :- 20.8.2025 SP/ Digitally signed by :- SURYA PRAKASH High Court of Judicature at Allahabad